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
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