Someone is currently suing me for a breach of contract that I had never signed

[mc168]

What is the name of your state? California
An attorney sued me for breach of contract that I did not even sign on. I was not the person who signed the purchase agreement. I retained an attorney, who also told the opposing counsel, multiple times that I was not the person signed on the contract. Yet, the opposing counsels still continue to proceed with the case without dismissing me. Can I file a motion for summary judgment after deposition event? Or a motion to dismiss? If so, is there a time frame to file this motion? Recently, I just found out that a real estate broker admitted that he was the one who, without obtained my permission and authorization, and without acknowledge me, signed my name on a 'Listing Agreement', Even though, the attorney still wouldn't remove me off the defendant list. My lawyer told me that I can't get any loss back, unless I open another new lawsuit against the opposing attorney. I just felt that I was being sued for 'nothing' but money loss to defend for this matter. Now, I have few questions that raised directly on my mind:
1. Did my lawyer miss the time frame to file motion to dismiss?
2. If I can prove that he admitted signing my name on contract.What type of fraud or crime did real estate broker commit?
3. In this matter, is 'malicious prosecution' or 'frivolous lawsuit' be a helpful way for me to approach back?

My final thought: I was wrongfully sued by the opposing attorney. Not to mention the money that I had spent to retain my lawyer, after all, I am feeling this lawsuit is such a meaningless yet, so abusive. My attorney never mentioned that this fruitless lawsuit can take this far, this much fee! Yet, my attorney still has no clue what the outcome will be!! Are we seriously in a society that anyone can file lawsuit against anyone beyond a reasonable fact or doubt?
I need justice... any suggestion? Deeply appreciate

 

[adjusterjack]

No, you weren't wrongfully sued, nor was it frivolous. Your signature was on the listing agreement. Your defense is that it was a forgery. Just "telling" the opposing attorney that does not obligate him to believe you. And he's not doing anything wrong by pursuing the case so there is nothing to sue him for. If you can get the forger to admit to the court that he forged your signature, you win the case. Then you can sue the forger if you like.

Meantime, I suggest you report the forgery to the police.

 

[justalayman]

you have stated there are two documents with a forged signature: the listing agreement and a purchase agreement. Maybe you could explain the situstion a bit better so it is understood better. After all, there are situations where a person can sign for you on your behalf that are as binding as if you had signed it yourself. Also, the broker admitting he signed your name on a listing agreement doesn’t mean he also signed sales contract.


It seems a bit odd that you wouldn’t be aware your property was being marketed.


And a couple points of clarification:

The opposing attorney is not suing you; the plaintiff/complainant is

Opposing attorneys do not dismiss you from a suit. They may amend a suit and remove you from being named as a party but it is the power of a court to dismiss you as a defendant/respondent. If you are the only party being sued, the plaintiff could withdraw their complaint and request the court dismiss it if they agree with your claim.


If your attorney believes the suit has no merit, s/he would file seeking a dismissal. The problem you have is that even if your name is forged, You will have to prove that to the court, which means, basically, the suit as filed is valid on its face. That means a court wouldn’t dismiss it based only on your claim. . Your defense will have to be proven through the process of the trial.

 

[HighwayMan]

Why are you asking a bunch of strangers when you have an attorney working for you who knows the details better than anyone here can?

 

[mc168]

Why are you asking a bunch of strangers when you have an attorney working for you who knows the details better than anyone here can?

My attorney did not give me a head direction of where this case will lead me to. This is why I am trying to asking around and gather opinions and advises.

 

[quincy]

My attorney did not give me a head direction of where this case will lead me to. This is why I am trying to asking around and gather opinions and advises.

You can ask your attorney where the case is leading you.

 

[justalayman]

My attorney did not give me a head direction of where this case will lead me to. This is why I am trying to asking around and gather opinions and advises.

You need to start with where it came from. You’ve given no info that would allow anybody to know why you’re being sued and realistically how you got there.

 

[mc168]

you have stated there are two documents with a forged signature: the listing agreement and a purchase agreement. Maybe you could explain the situstion a bit better so it is understood better. After all, there are situations where a person can sign for you on your behalf that are as binding as if you had signed it yourself. Also, the broker admitting he signed your name on a listing agreement doesn’t mean he also signed sales contract.


It seems a bit odd that you wouldn’t be aware your property was being marketed.


And a couple points of clarification:

The opposing attorney is not suing you; the plaintiff/complainant is

Opposing attorneys do not dismiss you from a suit. They may amend a suit and remove you from being named as a party but it is the power of a court to dismiss you as a defendant/respondent. If you are the only party being sued, the plaintiff could withdraw their complaint and request the court dismiss it if they agree with your claim.


If your attorney believes the suit has no merit, s/he would file seeking a dismissal. The problem you have is that even if your name is forged, You will have to prove that to the court, which means, basically, the suit as filed is valid on its face. That means a court wouldn’t dismiss it based only on your claim. . Your defense will have to be proven through the process of the trial.

Thanks for your sharing info.
I already have the evidence collected from the attorney's deposition. The real estate broker admitted that he signed my name on Listing Agreement, also hand-printed my name on the Purchase Agreement. He also stated the fact in the deposition that he didn't acknowledge me when signing my name on either agreement. I have never met this real estate broker in my life !!

 

[mc168]

You can ask your attorney where the case is leading you.

My attorney is "accurate" in billing me of his invoicing (big 5 digits), other than that, I found mostly clueless where this case it leading to. All he said is "that's the way it is!" or "that's the way the California law is!" I am getting less confident, but still trying to keep the faith in between this attorney-client relationship. Not sure what's wrong... but this lawsuit has been very abusive.

 

[mc168]

No, you weren't wrongfully sued, nor was it frivolous. Your signature was on the listing agreement. Your defense is that it was a forgery. Just "telling" the opposing attorney that does not obligate him to believe you. And he's not doing anything wrong by pursuing the case so there is nothing to sue him for. If you can get the forger to admit to the court that he forged your signature, you win the case. Then you can sue the forger if you like.

Meantime, I suggest you report the forgery to the police.

Thanks for sharing your info!!
I already went to the local sheriff's department. The deputy officer looked over the supporting document (Attorney Deposition), double verified with me if I really needed to file a report, because this event is already in the process of lawsuit "why bother to file a report?" the deputy office stated it.

 

[justalayman]

If you believe your attorney is not representing you adequately, secure a different attorney. Only your attorney can tell you why he is doing what he is. Nobody here can tell you.

 

[quincy]

If you don't have faith in your current attorney, you might want to look for a replacement attorney.

 

[justalayman]

Thanks for sharing your info!!
I already went to the local sheriff's department. The deputy officer looked over the supporting document (Attorney Deposition), double verified with me if I really needed to file a report, because this event is already in the process of lawsuit "why bother to file a report?" the deputy office stated it.

Um, maybe because the suit is about civil matters and your presence st the police station is in regard to the possible criminal matters

 

[mc168]

You need to start with where it came from. You’ve given no info that would allow anybody to know why you’re being sued and realistically how you got there.

Um, maybe because the suit is about civil matters and your presence st the police station is in regard to the possible criminal matters

Agreed! I will try to file a report related to forgery fraud...

 

[quincy]

Agreed! I will try to file a report related to forgery fraud...

Sounds like a plan.