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  1. #1

    Default Countersuit in Small Claims Case

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    california.
    I originally sued this person in small claims and won my case. The defendant in the case filed a counter suit and tryed to have the case moved to civil limited, since he was counter suing me for $17,000. It was denied. I won this small claim case, he lost his counter suit. The case lasted over 1 1/2 years.
    He has since tryed to sue me in civil limited for the same amount of money and same issues he originally counter sued me for. This new case has now lasted over a year. I had a lawyer from the start of this new case and he used Res-judicata in my defense. I was awarded sanctions which did not come close to paying for my attorney fees. The Plaintiff has appealed and I have continued on with this case in Pro-per. I can no longer afford the lawyer fees and have spoken to the lawyer I once had. He informed me that it would be very costly for him to file my respondant brief.
    The case has already gone to settlement of Transcript and is now before the Appellate court. There is a construction bid in the clerks transcript. The name of the construction company is not legible. I called the plaintiff's laywer, but they wont give the information to me. I called the clerks office and they also can't make out what it says.
    The reason I need this name is because this company gave a bid to replace work that I previously did. The Plaintiff based most of his case on this bid. Saying this person is also a contractor. I myself am a General Contrator. I cant find anything in the cslb website that comes close to whatever this name is on the bid . Since this has already gone to settlement of transcript and I should have brought this point up then, how can I go about getting the Plaintiff to release the name of this company. I have a feeling that this person does not exist.
    In the New case against me, the Plaintiff is citing fraud. He says that I represented myself as a carpenter and that the work I did for him has caused damage to his windows. In the earlier small claims case he brought up the subject of saying that I had done shotty work. The judge heard this and ruled that if he wanted to sue me it would have to be for $5000.00. anything over this would be considered frivolous. The plaintiff is saying this is a new subject and should be heard by the court.
    The Plaintiff I am dealing with has sued many people in Pro-per, including the District attorney, police Department and various lawyers. I received the appellants brief in the mail yesterday. It states that my lawyer used the wrong CCP. 128.5. It states that it can only be used on or before Dec 31, 1994. This case was filed in 2004. I believe I have a clear understanding of what the CCP. 128.5 says. Is there any remedy. I am looking at using the california rules of court 12(C)The judment was without leave to amend and I was granted sanctions pursuant to this code. I talked to the attorney I used that used this but he says to just let it go. Can I use CCP> 473.185 or 473.245. How to go about filing it with the court, and how can I get a clear copy of the exhibit in the clerks transcript?
    can the attorney be to be held responsible for this mistake. The awarding judge in this case also let this go through. Sorry for the long story, If anyone needs me to clear up anything I have written, I will be happy to do this. This site has been very helpful and the people on it very informative.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Lawyer Messup

    If your lawyer messed up your case, you should consider consulting a law firm which handles legal malpractice claims.

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