Legal Question in Elder Law in California

What happens if the written stipulations of an agreement are not followed?

In my case I was being accused of elder abuse and many other obscene and outrageous charges.The bottom line was that they did not appreciate the fact that my grandfather, whom I've been single handidly taking care of for approx, 5 years, gifted me around $80,000 in stock.

After several ugly court appearances I finally retained legal counsil. Long story short on his first appearance on my behalf he convinced me to accept an agreement. I was not happy with the settlement but I was tired and my councel made it clear to me that the judge did not like me, and if it went to trial he didn't think the judge would rule in my favor. My bad they had no evidence, but I was alone and I trusted my lawyer.

Anyway, one of the stipulations was that after I signed the remainder of my stocks back to the conservator-ship, they would then cut me a check for $5,000 within 10 days.

10 working days. On the 10th working day I called the attorneys office to see about my check. They gave me some BS that there were two weekends and two presidents days. What are my rights since they have decided not to follow the stipulations they made. They would absolutely enforce any stipulation I didn't follow, this includes a restraining order w/poss of jail.

Asked on 2/17/06, 9:25 pm

1 Answer from Attorneys

Sharon Green Sharon Green, Lawyer
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Re: What happens if the written stipulations of an agreement are not followed?

Have 10 non Holiday week days expired? If they do not make timely payment you can move to rescind the agreement on the grounds they failed to provide you what they promised. What did you give up to get the $5,000 cash?

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2/22/06, 9:39 pm

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