Legal Question in Real Estate Law in California
Need a quick remdy
I am pro se in a civil matter, involves Breach of Contract unjust enrich const trust,& 5 other allegations. After the judge granted motion to compel, the opposing counsel failed to follow the court order. At an evidentiary hearing on 9/17/08 I was not prepared & the judge commented do I have to lead you around in this court when I asked the defendant a question the judge intervenes & the defendant doesn't answer properly worst of all he doesn't sanction them. I believe after 2 yrs of litigation/lack of case mgt discovery has been clouded/destroyed. The judge ordered to prepare a Rule16 scheduling order be filed 10/17. 10/3 the attorney sent a letter trying to pulloff a stunt saying we need to file a 16.1. The opposing counsel hasn't requested/objected to discovery besides a depo on 5/07. After trying to contact him he ignored me. I called the court they said file it/comment on it. How do I file a Rule16 order so it doesn't hurt me later. Also my motion to reconsider been denied. They do not have a defense/merit. I need to correct this quickly do I go for partial summary judge? The bank statements show the factual basis for my claims yet he is claiming that they provide the factual for his defense.
1 Answer from Attorneys
Re: Need a quick remdy
I do not see how filing out the Rule 16 form and filing it today will hurt you except for getting dates that you are not able to meet. Rule 16.1 just requires you to show up.
For summary judgment you must show that the uncontested facts show you are legally entitled to a judgment. If there is any merit to the defense argument that the facts support his theory of defense and that defense is a legal one,you will not win on a summary judgment motion.
It seems that you are over your head as to this case. You need an attorney to examine the facts of the case, the legal theories involved, evaluate the likelihood of your winning what amount of money, advice you on what to do next. It probably will be difficult to find a full time attorney who will do this as attorneys do not like to get involved in cases where the potential client has already started and perhaps messed up the liiigation. And you probably do not want to pay at least $250 per hour. Your best bet as to cost is someone just admitted to the practice of law or some one semi-retired.
Good luck.
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