Legal advice needed (California)

eisenb11 · 08-10-2012, 03:58 AM

[Edit: Removed]

Sounds like I have the info that I was looking for. Thanks for the help.

BMW F22 · 08-10-2012, 05:44 AM

He can counter sue but I believe his suit needs to have merits. He can file a lawsuit if he wants but there's something that prevents frivolous lawsuits (forgot what its called). Basically when filing a suit he needs to state a good reason and needs to have grounds to sue. Otherwise the case has no merits. I would spend maybe $50 and consult a lawyer. Many offices offer free consultation as well- check your local county DA office. Goodluck!

MisterSkiMask · 08-10-2012, 08:13 AM

I hope he burys your frivolous lawsuit filing ass, and you learn to take some personal responsibility for your actions.

turb0 · 08-10-2012, 09:34 AM

Quote:

Originally Posted by MisterSkiMask

I hope he burys your frivolous lawsuit filing ass, and you learn to take some personal responsibility for your actions.

Not sure why you even think you have the right or experience to even say this. Are you an attorney? There are so many variables that can come into play yet you assume the OP is in the wrong.

To the OP,

I am not a lawyer, however I am currently studying to become one. I am pretty positive it is too late for the defendant to pursue any remedies dealing with attorney fees and/or other related related issues. In the U.S., each party bears his/her own legal expenses, regardless of who brings suit or which party wins. Look up "American Rule", which should apply to California as well. Also, If he wanted to bring up damages relating to the case, he would have to have brought it up during that case-- I don't think you can ask for remedies once the case is decided. If the other party wanted to sue you, he/she would have to bring up another case not related to the one that was already determined by the courts.

eisenb11 · 08-10-2012, 11:41 AM

Quote:

Originally Posted by BMW E90

He can counter sue but I believe his suit needs to have merits. He can file a lawsuit if he wants but there's something that prevents frivolous lawsuits (forgot what its called). Basically when filing a suit he needs to state a good reason and needs to have grounds to sue. Otherwise the case has no merits. I would spend maybe $50 and consult a lawyer. Many offices offer free consultation as well- check your local county DA office. Goodluck!

Thanks for the info!

Quote:

Originally Posted by turb0

Not sure why you even think you have the right or experience to even say this. Are you an attorney? There are so many variables that can come into play yet you assume the OP is in the wrong.

To the OP,

I am not a lawyer, however I am currently studying to become one. I am pretty positive it is too late for the defendant to pursue any remedies dealing with attorney fees and/or other related related issues. In the U.S., each party bears his/her own legal expenses, regardless of who brings suit or which party wins. Look up "American Rule", which should apply to California as well. Also, If he wanted to bring up damages relating to the case, he would have to have brought it up during that case-- I don't think you can ask for remedies once the case is decided. If the other party wanted to sue you, he/she would have to bring up another case not related to the one that was already determined by the courts.

In regular court, I thought there was a loser pays thing going on, but small claims has no lawyers. I believ that you may be right on the counter suit limitation, I'll need to figure out more about that?

Quote:

Originally Posted by MisterSkiMask

I hope he burys your frivolous lawsuit filing ass, and you learn to take some personal responsibility for your actions.

What makes you think it was frivolous? The judge certainly didn't think so and his decision states that there were many scenarios that he had to consider. He also said in person before we left that it was a difficult decision to make and that he'd have to do more research in order to reach a verdict. In the end, he decided against me, but that outcome was certainly not obvious to any party, judge included. I think you owe me an apology, but I don't believe that I'll get it.

Maestro · 08-10-2012, 11:59 AM

You're in Calif, and Calif has their own laws pertaining to civil suits so someone studying law in another state should have been told he should not prove any sort of legal advise.

The rest of us can give you all sorts of bad advise since most us have no legal back ground therefore we are not liable for our bad advise. It sound like you represented yourself on your civil case so you may need to get a lawyer now. If you had a lawyer for your case call them. They can answer this questions since in some states and CA may be one of them if you bring a civil case and lose you could be responsible for all cost incurred by the other party.

eisenb11 · 08-10-2012, 12:06 PM

Quote:

Originally Posted by Maestro

You're in Calif, and Calif has their own laws pertaining to civil suits so someone studying law in another state should have been told he should not prove any sort of legal advise.

The rest of us can give you all sorts of bad advise since most us have no legal back ground therefore we are not liable for our bad advise. It sound like you represented yourself on your civil case so you may need to get a lawyer now. If you had a lawyer for your case call them. They can answer this questions since in some states and CA may be one of them if you bring a civil case and lose you could be responsible for all cost incurred by the other party.

Agreed. Sounds like a shakedown.

schoy · 08-10-2012, 01:13 PM

Google is your friend.

From the California Department of Consumer Affairs website on small claims court:
http://www.dca.ca.gov/publications/s...sic_info.shtml

"Except in rare instances, fees charged by the attorney for private assistance are not recoverable as court costs or damages. "

Without knowing more facts, I doubt your situation falls in the "rare instance" category.

Maestro · 08-10-2012, 01:29 PM

Quote:

Originally Posted by schoy

Google is your friend.

From the California Department of Consumer Affairs website on small claims court:
http://www.dca.ca.gov/publications/s...sic_info.shtml

"Except in rare instances, fees charged by the attorney for private assistance are not recoverable as court costs or damages. "

Without knowing more facts, I doubt your situation falls in the "rare instance" category.

I did not read the entire website, however, I suspect if you bring a case to small claims and use a lawyer and other service to help you, those fees are not recoverable if you win. In the op case the guys is claiming because the op loss his case he is now responsible for his costs he incurred for defending himself, such as lost wages and such.

Again, Calif is different and they have laws like this because they are sue happy out there so they put various things in place to stop people from just suing everyone.

schoy · 08-10-2012, 01:38 PM

Quote:

Originally Posted by Maestro

Again, Calif is different and they have laws like this because they are sue happy out there so they put various things in place to stop people from just suing everyone.

Actually, I respectfully disagree on this one point. I think the rule that attorneys fee are generally not recoverable works to create litigation. Plaintiffs can simply make the cost-benefit calculation of whether to instigate litigation. Defendants don't have that option; they have to react to the lawsuit and then have to spend legal fees to meet that lawsuit. Thus, the rule seems to work in favor of plaintiffs because the plaintiff knows that it can sue willy-nilly (so long as it's not frivolous, which is a very low threshold) without being subject to potentially large defense costs in a countersuit by the defendant. And to avoid the payment of those large defense costs, defendants may be more likely to settle, which is a win for the litigation-happy plaintiff.

Bobble · 08-10-2012, 05:02 PM

Filing in any civil action is to the benefit of the plaintiff pure and simple. The defendant of course can counter sue if they feel the action was filed in a frivolous manner to recoup costs.

Hopefully the law student learns quickly that dispensing legal advice on the internet is frowned upon.

Glad to see you took you details down, maybe a legal consultation told you so. Public forums are regularly searched during discovery if the litigation warrants the effort.

Seriously people best thing you could do if legal advice is needed is seek a consultation in the state/county/city you'd be filing in. Yep it's a hassle and maybe a cost but always the best way.

08-10-2012, 03:58 AM	#1
eisenb11 Major 53 Rep 1,153 Posts Drives: 2012 E92 M3 SSII Join Date: Oct 2007 Location: Redondo Beach, CA, USA iTrader: (0)	[Edit: Removed] Sounds like I have the info that I was looking for. Thanks for the help. Last edited by eisenb11; 08-10-2012 at 01:15 PM..
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08-10-2012, 05:44 AM	#2
BMW F22 Major General 3566 Rep 9,788 Posts Drives: ///M235i Join Date: Nov 2005 Location: Bay Area iTrader: (8)	He can counter sue but I believe his suit needs to have merits. He can file a lawsuit if he wants but there's something that prevents frivolous lawsuits (forgot what its called). Basically when filing a suit he needs to state a good reason and needs to have grounds to sue. Otherwise the case has no merits. I would spend maybe $50 and consult a lawyer. Many offices offer free consultation as well- check your local county DA office. Goodluck!
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08-10-2012, 08:13 AM	#3
MisterSkiMask Banned 147 Rep 2,014 Posts Drives: I Can not say Join Date: Nov 2005 Location: you must not know iTrader: (0)	I hope he burys your frivolous lawsuit filing ass, and you learn to take some personal responsibility for your actions.
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08-10-2012, 11:59 AM	#6
Maestro Major 1013 Rep 1,268 Posts Drives: 2007 335i Sedan, 2021 X3 Join Date: Nov 2006 Location: Philadelphia iTrader: (0)	You're in Calif, and Calif has their own laws pertaining to civil suits so someone studying law in another state should have been told he should not prove any sort of legal advise. The rest of us can give you all sorts of bad advise since most us have no legal back ground therefore we are not liable for our bad advise. It sound like you represented yourself on your civil case so you may need to get a lawyer now. If you had a lawyer for your case call them. They can answer this questions since in some states and CA may be one of them if you bring a civil case and lose you could be responsible for all cost incurred by the other party.
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08-10-2012, 01:13 PM	#8
schoy Major 997 Rep 1,005 Posts Drives: Melbourne Red E90 M3 Join Date: Apr 2010 Location: USA iTrader: (0)	Google is your friend. From the California Department of Consumer Affairs website on small claims court: http://www.dca.ca.gov/publications/s...sic_info.shtml "Except in rare instances, fees charged by the attorney for private assistance are not recoverable as court costs or damages. " Without knowing more facts, I doubt your situation falls in the "rare instance" category.
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08-10-2012, 05:02 PM	#11
Bobble Major 56 Rep 1,232 Posts Drives: Whatever POS the wife leaves Join Date: Oct 2008 Location: SoCal iTrader: (1)	Filing in any civil action is to the benefit of the plaintiff pure and simple. The defendant of course can counter sue if they feel the action was filed in a frivolous manner to recoup costs. Hopefully the law student learns quickly that dispensing legal advice on the internet is frowned upon. Glad to see you took you details down, maybe a legal consultation told you so. Public forums are regularly searched during discovery if the litigation warrants the effort. Seriously people best thing you could do if legal advice is needed is seek a consultation in the state/county/city you'd be filing in. Yep it's a hassle and maybe a cost but always the best way.
	Appreciate 0 Quote