Forged Admissions Statement in California

[non sequitur]

The plaintiff included a Request for Admissions and my Responses to the Request for Admissions in the Exhibit Book, even though he never sent me an admissions statement. Obviously someone else drafted the responses and forged my signature. My attorney refused to do anything about this.

I have now lost the case and think the forged documents may have influenced the judge.

What can I do? Can a forged document be the basis for an appeal? Do I have to prove that the judge relied upon this evidence?

[Mr. Knowitall]

Who are you purporting forged this document? Why wouldn't your lawyer do anything about that?

Obviously you would have to relate the content of this document to your loss in court in order to use it as a basis for appeal. Even if you can do that, your failure to object to the use of the document during lower court proceedings may serve to waive the issue on appeal.

[non sequitur]

Opposing counsel forged the document.

Obviously my attorney was not properly representing me.

There were other irregularities, such as backdated documents submitted by opposing counsel.

I also noticed a letter from me on the Exhibit Index. I do not remember writing a letter, so that could also be a forged document.

I was hoping there was a difference between inadequate evidence, which would probably not be appealable, and blatently false evidence.

Thanks for your previous answer.

[non sequitur]

In case anyone else runs into this, here is what I found.

Fraud which prevents a litigant from presenting the facts of his or her case and prevents an adjudication on the merits is called extrinsic fraud. Examples of extrinsic fraud include a dishonest attorney representing the defrauded client.

I still don't know the remedy, but it sounds like a judgment obtained in this manner may be vacated or appealed.

[Mr. Knowitall]

Examples of extrinsic fraud include a dishonest attorney representing the defrauded client.

I know about intrinsic and extrinsic fraud, but I have no idea what you intended to mean with that sentence.

[lwpat]

You can obtain copies of the documents from the court and the judge's order. If you can prove you had nothing to do with the documents and they influenced the case, you should win an appeal. The request for admissions would have been sent to your attorney and any reply should have been submitted to the court by your attorney. There should be letters of service in the file.

[aaron]

You can only win an appeal on the basis of questionable documentation if it affected the outcome of the case, and normally you would have to make a record of document tampering at the trial court level. This is best done with the help of a lawyer.

[non sequitur]

I know about intrinsic and extrinsic fraud, but I have no idea what you intended to mean with that sentence.

I meant that my attorney colluded with the opposition to mislead the court. I have reported him to the State Bar, and they are investigating.