Legal Question in Real Estate Law in California

the opposing counsel states she is representing bank of america,after 4 months in litigation she found out deed of trust is with wells fargo,now she states she is representing them aswell,i asked that she show me the retainer agreement but judge said she does not have to show me!!!

what can i do that she has to prove me who she really represents?????

thank ypu


Asked on 10/25/15, 11:31 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

To start off, you didn't say whether you are the defendant or the plaintiff, and if the defendant, whether the plaintiff's complaint was verified or not. The presence of a verification would tend to establish an attorney-client relationship between the attorney(s) whose name and signature appears on the complaint itself, and the supposed client whose representative signed the verification.

The next step could be to prepare discovery demands on both banks and serve them on the opposing counsel, if it's still timely to do so. She'd have to obtain responses from her client, but presumably would be unable to obtain responses for a non-client.

Finally, I'd have to add that the circumstances you describe are so bizarre that I'd really want to look at all the pleadings, witness lists and other documents on file at the court and in your file before taking too firm a position as to what's the right answer here.

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Answered on 10/25/15, 11:49 am


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