Legal Question in Real Estate Law in California

Class Action Litigation

We are attempting to sell our home due to financial difficulties.Over two years ago we were pressured into joining a class action litigation against the developer.This litigation has done nothing but bring property values down, force families to sell their homes for well below market value taking huge losses.We've written to the atty to remove us from the litigation.He now tells us that it's not a class action but in fact an individual case for which we came to him and others joined. This is not the case!He's threatened us with paying all of the atty fees if we opt out.We've had inspections done on our home and there is nothing wrong.We were told from the atty that all of the homes were structurally unsound, there were mositure issues, etc.We've had none of these problems.We feel as though we have been lied to and he is attempting to scare us with various idle threats to keep us in a lawsuit for which we have no legitimate reason to be in.This litigation has been called ''class-action from the start and yet it's been filed with each homeowner as individuals.There have been several onerous and egregious lies, misrepresentations, etc and feel that we shouldn't be subject to this kind of behaviour.Please advise our best recourse.


Asked on 7/22/02, 9:36 pm

1 Answer from Attorneys
Larry Rothman Larry Rothman & Associates

Re: Class Action Litigation

It sounds like the lawyer filed the case without your approval. Is there any documentation that states that you hired this lawyer? Is there a retainer agreement? If you understood this to be a class action lawsuit rather than an individual one, you should get some documentation. If you drop out, there should be a fee agreement that sets forth your resposibility. If you fax me these items to 714 363 0229, I will provide you with free consultation.

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Answered on 7/23/02, 6:04 am


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