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what if opposing counsel lied?

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What is the name of your state (only U.S. law)? CA

Opposing counsel lied to the judge while requesting a continuance. When the judge asked if both parries were present, opposing counsel stated "No" but that petitioner and petitioner's counsel agreed and he was representing both parties wishes. Continuance was granted 'out of necessity'. This happened just prior to the start of court. We found this out when we showed up for court for our afternoon time. Judge read back what court reported had written. Also found out paralegal from opposing counsel's office called and left a message on my attorneys phone 20 minutes prior to the opening of court and 30 minutes prior to the documentation on court transcript stating that the court itself had continued the case and not to come. Good thing my attorney was in court all morning and did not receive the message or we would never have known what actually happened.

When my attorney presented facts to judge at next court date, judge simply said that it would probably have been continued anyway, said there was no time to hear it again due to a trail that had gone way over it's timeframe and continued the matter to 6 months out. My attorney and I do not live remotely close to this courthouse and this is a new judge. It should be noted that opposing counsel and judges husband were joking around in the courthouse after a recess......

Should judge have acted on what happened and enforced some type of discipline on opposing counsel? It was well documented that counsel lied as did his paralegal...have court transcripts and transcribed voicemails that show obvious facts.....

Could judge be making a statement by continuing this matter for 6 months because we pushed for some type of action against opposing counsel?

It should also be noted that opposing counsel has had previous fines and suspensions due to unethical behavior ( as shown on the Bar Association website)

Shouldn't something have been done about this?
 


Tex78704

Member
While the judge COULD have done something about it, he chose not to. That is his perogative.

And he basically stated there was no actual harm in this, because he would have granted the continuance anyway, even if you had not agreed. So it's over and a non-issue. Don't waste time harping on this.
 

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