What is the name of your state? California
I feel I have been screwed by the judicial system all around. First, I was falsely sued by a vexatious litigant for purposes of harassment. The court clerk didn't check the VL list and allowed the filing by mistake. My attorney didn't check the vexatious litigant list either initially, and I finally found out myself months later after accumulating unnecessary attorney fees. My attorney then filed the Notice that the plaintiff was a vexatious litigant in August 2004. Here it is January and the issue is still not resolved, and I find out today from my attorney that the case should have been automatically dismissed 10 days after we filed the Notice in August because plaintiff never sought permission from the presiding judge during that time period. I incurred considerable attorney costs from August to the present time because the plaintiff used delay tactics and we were trying to get a security bond from him. My attorney verified that the Notice was filed in August, but the court didn't log it or something like that, so the judge didn't know we gave official Notice which would have had the case dismissed long ago. I am extremely upset by all this incompetence by the Court AND my own attorney! Is it my attorney's fault that he didn't follow-up and bring it to the judge's/Court's attention after the 10 days had lapsed?? I don't think my attorney is all that familiar with the vexatious litigant laws because whenever I talk to him, he always pauses before saying the term because he forgets it -- I have to fill in the blank and say "vexatious litigant" for him. Can you tell me if I can do anything about this? I know it is difficult to blame the court for anything, but what about my attorney not seeking a dismissal months ago that would have saved me a lot of money (Since August, there were several hearings where he had to make an appearance in court). Please advise, or let me know if there is any place I can turn to to complain about this, like the Bar Association or something. Thanks.
I feel I have been screwed by the judicial system all around. First, I was falsely sued by a vexatious litigant for purposes of harassment. The court clerk didn't check the VL list and allowed the filing by mistake. My attorney didn't check the vexatious litigant list either initially, and I finally found out myself months later after accumulating unnecessary attorney fees. My attorney then filed the Notice that the plaintiff was a vexatious litigant in August 2004. Here it is January and the issue is still not resolved, and I find out today from my attorney that the case should have been automatically dismissed 10 days after we filed the Notice in August because plaintiff never sought permission from the presiding judge during that time period. I incurred considerable attorney costs from August to the present time because the plaintiff used delay tactics and we were trying to get a security bond from him. My attorney verified that the Notice was filed in August, but the court didn't log it or something like that, so the judge didn't know we gave official Notice which would have had the case dismissed long ago. I am extremely upset by all this incompetence by the Court AND my own attorney! Is it my attorney's fault that he didn't follow-up and bring it to the judge's/Court's attention after the 10 days had lapsed?? I don't think my attorney is all that familiar with the vexatious litigant laws because whenever I talk to him, he always pauses before saying the term because he forgets it -- I have to fill in the blank and say "vexatious litigant" for him. Can you tell me if I can do anything about this? I know it is difficult to blame the court for anything, but what about my attorney not seeking a dismissal months ago that would have saved me a lot of money (Since August, there were several hearings where he had to make an appearance in court). Please advise, or let me know if there is any place I can turn to to complain about this, like the Bar Association or something. Thanks.