Legal Question in Real Estate Law in California
city taken property
i need to find out what the statue of limations are for a person filing a law suit against the city for takeing are property to put hotels on it and to see about filing a suit against the attorney for not representing us properly. we had a piece of property in GARDEN GROVE CA. that had a retail store on it i sold the stores but had a 25 year lease on it , the city put the property in re-development and took the property and broke the lease with the tenant than we got sued for $500,000.00 from the tenent and lost , then the city put two hotels on it and only paid us for raw land nothing for the building which had a value of $1,000,000.00 and nothing for our lease half way between the case our attorney was suspended for takeing funds from his trust account plus the city kept extending the case till we ran out of money to keep it going because that was the only source of income for are entire family i lost my house and my mother was forced to sell hers just to pay bills
4 Answers from Attorneys
Re: city taken property
For you to sue your lawyer, negligence has to be proved. We would need to review the entire court file and your lawyers file. 714 363 0220
Re: city taken property
Boy are you screwed up. And so is your attorney. I don't understand how you could be found responsible and libel if it was the city who caused all of this. The big problem is your statute of limitations on whenever has been done. In California there is a six-month statute limitations on any claim against the public entity. Your attorney statute limitations is not etched in stone. It is one year from the date of the malpractice. Or, one year from the last date that he represented you or, one year after you discover the damage way you knew or should have known that there was malpractice. The interpretations all over the board. What you really need to do is sit down within attorney with specialized in this area, giving all the facts and the paperwork and saying what if any claims you have, still have and are able to pursue. It's way too complicated to tell you in writing in this form.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.
Re: city taken property
This is indeed a very sad story. The lawyer clearly didn't serve your family well. The statute of limitations for legal malpractice is one year from the time the representation ends, but pinning down when it ends, unless the attorney clearly resigns or is replaced as of a specific date, is sometimes done by the court in a way that favors the client, so act fast but don't assume it's too late until a new attorney examines the facts.
There may be other ways to pursue the lawyer in addition to malpractice, possibly including a suit for fraud if your money was involved in the trust fund mishandlings or maybe ask the state bar to discipline him.
Eminent domain condemnation proceedings are a world all to themselves and a lawyer in general practice and his client can get eaten alive by the experts. This seems to have happened here.
Re: city taken property
I have trouble understanding how the tenant won $500k when the city took the land by eminent domain/inverse condemnation. I am available to discuss your case and I believe I have a solution.
310-266-4115
Christopher Brainard