Legal Question in Real Estate Law in California

I have a prove up hearing May 13th, and my attorney lost his license, what should I bring to court and how do I figure my damages.


Asked on 4/21/11, 8:06 pm

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Well, that's kind of a rude shock. I'd say you should consult with a potential replacement attorney or two well before the hearing date. If unable to decide, or to install, a new attorney before the hearing, at least get some attorney to go with you on a one-time basis to explain the situation to the judge in attorney talk. I assume the prove-up hearing is to establish your damages and get a default judgment where the opponent has failed to answer your complaint and you have taken his/her/its default. The purpose of the hearing is for you to place sufficient evidence into the record to support the court's giving you a judgment. Basically, you cannot ask for more, in dollars, than asked for in your complaint. To maximize your results, you need admissible evidence to support your claims. Not having any idea what your complaint was about, I can't go much further. If it is a breach of contract claim, you'll need to show how much loss you suffered as a result of the breach. Since the defendant cannot appear and refute your evidence and testimony, simple evidence without a lot of detail may suffice, but it needs to be admissible (meaning not hearsay, and with some grounds for showing it is authentic and true). Having an attorney coach you may be helpful, but at least be prepared to explain to the judge why your first attorney cannot be present.

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Answered on 4/21/11, 9:31 pm
George Shers Law Offices of Georges H. Shers

Mr. Whipple has offered you good, sound advice. You need to contact and retain him or another good attorney with the detailed facts of the case so the can give you a guide as to what you need to present and whether you also need to have an attorney at the hearing or can handle it yourself.

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Answered on 4/22/11, 5:17 am
Terry A. Nelson Nelson & Lawless

Depends upon what the case is, and what you have to prove. The advice to get an attorney to help prepare you, or go to the hearing, is the only thing that will do you any good. If serious about doing so, and if the case is in SoCal courts, feel free to contact me.

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Answered on 4/22/11, 11:47 am


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