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need advice on case dismissal

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oracle117

Member
What is the name of your state? california

i have a personal injury case in superior court. case is against a giant home improvement chain. my case is excellent with eye witnesses, evidence, etc. the defense has nothing, though they have tried every trick in the book to uncover something. they are clearly to blame for vicarious liability/negligence of a sales clerk who dropped a 90 pound box when she attempted to get it from an overhead shelf herself (despite warning label "team lift".

had trial readiness conference approx. 3 1/2 weeks prior to trial date. judge gave trial readiness order which indicated that it was the responsibility of both parties to meet at least three weeks prior to the trial date to work out stipulations, exhibit related issues and the usual things.

during those weeks, I gave the defense all i had, took my exhibits to their office downtown, etc. in turn they did nothing...did not meet or talk to me about the issues required in the order, didn't show their exhibits, nothing. instead they spent the time on lame attempts to get my exhibits excluded, to get medical records by supboena from old old doctors weeks after discovery ended, etc. just to keep me bogged down with games and a desperate attempt to find anything against me.

the judge is an old friend of the firm's one attorney whose name is on the firm. half the meetings are ignoring me and telling tales like old home week. whatever this guy wants he gets and whatever i ask i do not.

in a surprise move, the judge left the case two days before trial and it was assigned to another judge who we did not know until the morning the trial began. up to the morning of the trial i asked the defense attorney about the issues on the order. he ignored me. one day before trial began, all he did is said he lost his trial readiness report and order and asked me for a copy...which i gave him.

i had paid and had a physician scheduled to testify, i hired someone for the day to carry my exhibits around for me, etc. i had my opening statement, exhibit list, witness list, everything. i was nervous but ready to go. i knew that we had failed to fulfill the joint order though due to his lack of cooperation.

he walks into the new judge and starts big mouthing about this trial is going to be a mess...says i am not ready...what am i going to do sit up on the witness stand and tell my story since i do not have a lawyer, etc. he wouldn't shut up. then he lies and says certain things were never agreed on (although they were inn front of the old judge and he even signed the paper).

as is typical i have found out repeatedly...lawyers, judges, clerks, etc. hate pro pers...so you are treated like #*&^ (since i can't use the word). you are ignored, yelled at, not given a chance to speak and the lawyer on the other side is always right just because he is a lawyer.

i had all my exhibits in my car and a hired guy to go get them. the judge's clerk told me to leave them there until i knew where they should go.

so this big mouth defense attorney pulls out a list of exhibits of his that i have never seen, he still will not show me a copy....he walks all over the judge who does nothing to shut him up as he ranted and raved about nonsense. i tried to talk and got nowhere over his big mouth. he starts telling the judge i have no exhibits, etc. i was trying to say they are in the car.

the judge was very confused and frustrated but let this guy go on and on. the judge seemed nice but weak...plus he never even saw us before and knew nothing about the case.

finally the judge says, this case is not ready for trial. he said we have the jury, the court, etc. and we can't proceed like this. i tried to tell him that this guy wouldn't meet with me but that i had done all my part...but the defense butted in and lied and kept blabbing on about my case is no good any way....my injury was my own fault, etc. (yeah a 90 pound box hits me when a female clerk looses control of it)

the judge said this case will not proceed. the defense says good it shouldn't, she never had a case, etc.

so i started to get up to leave. the judge said i can't leave. i asked what should i do? he said i had to settle the case. the defense had never offered a settlement except the day before they offered $3,000. ( i have 2 years lost wages 65,000, medical bills of 15,000, etc. all documented)

the defense attorney kept blabbing on and on and i was so upset because this was so unfair. i was on the verge of tears. finally the judge told the defense attorney to leave the room to shut him up and stop him from badgering me.

i tried to explain to the judge what all had happened and he said he didn't know what was going on but he was not going to have this in front of a jury. he said he would go out and speak to the lawyer and see what he could do to get a settlement for me.

he came back and said that all he could get me was $1,000. (the defendant said i was lying if i said he offered 3,000 before) he apologized and was shaking his head in disbelief. i said i was ready for trial and why should i be the loser? this gives the defense everything he wants..out of the case he would loose and only has to pay me $1,000.

the judge said i had no choice...the case was not ready to go to trial and i could not leave without settling. i didn't know what to do because that made no sense to me. he wouldn't let me go. i got up to leave and he physically blocked me and said i can't leave without this settling.

so he puts on his robe and takes me out to the court and says will you agree to settle with prejudice for $1,000. by now i was crying hysterically. i said yes because otherwise i can't leave. then he left me go and said he was sorry about what happened and that they would only give $1,000.

the next day or two i got a settlement document from the defendant waving all rights and sworn to secrecy and i get $1,000. they also had a court form all filled out for me to sign that said i was voluntarily dismissing the case with prejudice. i wrote and told them i refuse to sign it or settle. then i got a letter from the court saying the case would be dismissed without prejudice by march something unless i appear en parte and object to the dismissal and show good cause why the case should not be dismissed.

i am confused. does this mean that there is still a chance i can have my trial? if i show good cause why it should not be dismissed? how in the world would you ever find any cases to cite to support a wierdo situation like this one? i can't imagine there has ever been a scene like this one in the history of the courts. if i did not oppose the order to dismiss without prejudice and the case is so dismissed, can i file a case against them and start all over or am i banned.

any ideas or help would be appreciated.

don't bother telling me to get an attorney...once you have handled a case pro per no attorney wants the case...it seems attorneys only want cases they get from the start in a perfect world.
 


G

GoforLaw

Guest
oracle117 said:
What is the name of your state? california

i am confused. does this mean that there is still a chance i can have my trial? if i show good cause why it should not be dismissed? how in the world would you ever find any cases to cite to support a wierdo situation like this one? i can't imagine there has ever been a scene like this one in the history of the courts. if i did not oppose the order to dismiss without prejudice and the case is so dismissed, can i file a case against them and start all over or am i banned. any ideas or help would be appreciated.

I cant give any "advice," but here are some "ideas," general comments and observations, and perhaps a bit of common sense -

1. if a judge sends a notice that says a case will be dismissed on Date X unless you do something, it is logical to assume that the case has not been dismissed yet.

2. if a notice says that a party must show good cause or the case will be dismissed, I would tend to think that if one actually does show good cause, it wont be dismissed ... and applying a bit of mental gymnastics, if it is dismissed do you think it can all just "start all over" like nothing happened?

3. if you need a case to cite, why not look under "good cause" and "dismissal" however way you are doing your "pro per" research

4. if you are going to act like a "pro per" litigant (and judging by your story I understand why this is the opposite of "per pro"), you should know a little something about trial before you face the wolves on the first day

oh ... and why are you trying to resolve this hugely difficult question on a freakin forum?
 

oracle117

Member
pro per/per pro and the freakin forum

pro per/per pro and the freakin forum....sounds like a 60's rock group opening for sam the sham and the pharoahs....

the freakin forum is my only source of advice since i can not find a capable per pro who wants to take over this case, which by the way is an excellent case.

i had an atttorney back in the beginning...a woman who i liked/i hired/seemed capable...without my being told or even introduced, one day i get a call from a guy who i thought was a paralegal helping her....next thing she is nowhere to be found and this guy is an attorney and his name is on court papers as my attorney. he was a big time loser...forgot to do major things, filed papers incorrectly, lost documents, falsifying information, etc. he had an office at a different address, phone, fax, etc. and was not associated with her firm (she is solo practice)...he was new and by no means an expert needed to help her. basically as far as i can figure it out, she sold off my case to him unknown to me.

i tracked her down and complained about him...i told her i wanted her and she told me she was doing my case....long and wierd story short...she said if i didn't like him too bad he took over the case for her. she filed a motion to be relieved as counsel for him and her (although her name was no longer on it) and i opposed it. the judge let her off because he said it never works if an attorney is forced to stay. she claimed "personality conflict". i later learned what she did is illegal and really screwed me.

suddenly i was pro per not by choice. i have handled it pro per since may 2003. i knew nothing about the courts or lawsuits whatsoever...never even did jury duty. since may, i have spent 12 plus hours a day reading and learning what to do each step of the way. i have done ok, but some things are not in books.

i have called and met with some attorneys along the way, but they are "afraid" to go up against this corporate giant or say they would have taken it in the beginning but don't like to take over far into a case, or they don't believe what i say about the attorney leaving and think there is really some deep secret that she found out about the case and that is why she really left (not true, but everyone loves a conspiracy...this is more like a soap opera), or didn't like the idea that the first judge was old pals with one of the defense attorneys....or those type of things. no per pros that seemed ok/competent and didn't want to charge me a ton of money above and beyond what is normal had the whatever it takes to take a case as it is and not as they would like it to be.

if you know any such per pros in the san diego area, by all means tell them to come on down...

otherwise it is me, the books, and the stars of the freakin forum on a wing and a prayer.....

the freakin forum per pros by the way have been very very helpful and the smart remarks are funny, even though i am the butt of the smart remark joke. "i am always liable" is the best!


this unexpected exposure to the legal world, courts, etc. has been a real eye opener and nothing like i ever heard it was like...it is worse!
 
G

GoforLaw

Guest
lol ... by your own admission, the only "advice" you are getting is from someone named "I am always liable" on an internet forum, who makes you "the butt of the smart remark jokes" ... and you are wondering why your actual legal experience has been a "real eye opener"? here is a suggestion - if you are so confident in your case, why not pay a lawyer to go to trial? (I bet you'll find a bunch of em willing to do it) but you wont do that, right?
 

oracle117

Member
i would gladly pay a lawyer to go to trial, but i have spent all my money on medical bills and have lost my normal income...so i do the best i can do myself and with the freakin forum...of pro pers and per pros...and people like you...




"'But I don’t want to go among mad people,' Alice remarked.

'Oh, you can’t help that,' said the Cat. 'We’re all mad here. I’m mad. You’re mad.'

'How do you know I’m mad?' said Alice.

'You must be,” said the Cat. 'or you wouldn’t have come here.'"

- "Alice in Wonderland," Lewis Carroll
 
G

GoforLaw

Guest
`Let the jury consider their verdict,' the King said, for about the twentieth time that day.

`No, no!' said the Queen. `Sentence first--verdict afterwards.'

`Stuff and nonsense!' said Alice loudly. `The idea of having the sentence first!'

`Hold your tongue!' said the Queen, turning purple.

`I won't!' said Alice.

`Off with her head!' the Queen shouted at the top of her voice.


Sound familiar? If not, get ready for another "eye-opener"!
 

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