I lost a trial and the defense attorney filed for attorney's fees for $100,000. My lawyer filed motion to dismiss and they soon dropped the motion for attorney's fees.
But the judge presiding over the case is a nutjob. She scolded my lawyer for filing the case (even though it was 100% legit) and pretty much tried to persuade the defense to refile for attorney's fees, even though the 60-day window has passed.
Here's my question: so if the defense re-files for attorney's fees and prevails, what legal recourse do I have???? The judge is a real nutjob and she even admitted in court to not even reading over our motions!!!!!!
So what can I do if that happens? Is there a way to overturn it on the grounds that she overstepped her bounds by encouraging the defense to refile and not do it within 60 days?????? Shouldn't she be disbarred for such a thing???? What are my chances I can prevail??? (THIS IS IN LA COUNTY, CA, USA)
My lawyer's away so I can't ask him =(
2007-07-09 15:00:11 · 3 answers · asked by Anonymous in Business & Finance ➔ Careers & Employment ➔ Law & Legal
That would be grounds for appeal of any decision granting costs and fees to the defense. Even if you don't appeal the ultimate outcome, you can still appeal that specific order.
As would the fact that the judge may have exceed her authority by acting sua sponte in the face of the defense withdrawal of the motion.
You may not win, but it would definitely be worth the appeal
2007-07-09 15:08:23 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
You can always request a different judge although this rarely happens. If you in fact feel the judge has committed some type of misconduct and it sounds as if there may be go to the links below for more information on how to file a complaint against a judge in the state of California.
cjp.ca.gov/comprocess.html
cjp.ca.gov/filingacomp.html
2007-07-09 17:51:39 · answer #2 · answered by Anonymous · 0⤊ 0⤋
which would be grounds for appeal of any determination granting expenditures and expenditures to the protection. whether you do no longer appeal the ultimate result, you likely can appeal that particular order. As could the actuality that the decide could have exceed her authority by ability of appearing sua sponte interior the face of the protection withdrawal of the action. you won't win, in spite of the undeniable fact that it may surely be nicely well worth the appeal
2016-10-01 06:40:50 · answer #3 · answered by ? 4 · 0⤊ 0⤋