Legal Question in Civil Litigation in California

civil case

I bought a house for a family because they could not get a loan because of there inability to qualify for a loan. A year later they sued for 25,000 saying that I stoled ther down payment. I presented all my evidence in court that shows that I did not do what they are saying. There is a court date for April 09, for the settlement. There lawyers called me to tell me there is a deposition scheduled and want me to attend. Since I do not have lawyer I do not want to show up to the deposition. Is it imandatory for me to attend the deposition? We have already attended several court dates. And as I stated the final one is in April.


Asked on 2/05/09, 8:03 pm

5 Answers from Attorneys

Adam Telanoff Telanoff & Telanoff

Re: civil case

You desperately need a lawyer. There are a lot of things that take place during the course of a lawsuit that need to be taken care of. If you do not, you will find yourself in a terrible position.

DEPOSITION: You need to attend. If you do not attend, the other side will tell the court. They will then get a court order requiring you to attend. You will be sanctioned, which means you will have to pay the other side's attorney's fees related to the motion to compel your deposition. If you do not attend after you are ordered to do so, you will be in contempt of court. The judge could then prevent you from putting on any defense in the case.

You are in serious danger of costing yourself a lot of money and aggravation. Hire a lawyer.

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Answered on 2/06/09, 2:09 pm
Terry A. Nelson Nelson & Lawless

Re: civil case

If you don't start handling this correctly, you could easily end up with a judgment against you. You may have defenses. There may be motions and pleadings you can bring. If there is a 'final hearing' coming up, that would mean 'trial'. Are you capable of effectively and competently representing yourself at trial against an experienced attorney? How successful have you been so far in getting the case resolved, with you in charge? I suggest you promptly hire an attorney that knows what to do with your evidence and facts, to help you.

If the case is set for hearing in SoCAL courts as indicated, and if you are serious about getting legal help, feel free to contact me.

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Answered on 2/05/09, 8:56 pm
Bryan C. Becker Your Lawyer for Life.

Re: civil case

Thanks for your question. Yes, unless your object to the deposition for a valid reason (not having an attorney is not valid) you are required to attend the deposition. I would suggest you hire an attorney immediately. If as you suggest the other side cannot support their claims, then an attorney can bring the proper motions to have this case dismissed as soon as possible, well before a trial. If cost is a concern,we offer fixed fee arrangements and accept credit card payments.

Feel free to contact me if you would like to speak further about this.

Yours truly,

Bryan

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Answered on 2/05/09, 9:10 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: civil case

If you fail to appear, the other side will likely seek (and get) a court order compelling you to appear on another date and ordering you to pay for *all* of the fees and costs incurred by *all* of the parties in connection both with the depo you skipped *and* with the motion to compel. If you then miss the second date, the court may forbid you to introduce any evidence at trial and/or find that the other side's factual claims against you are true. You won't stand much of a chance at trial if that happens -- indeed, you might not even get a trial once so many rulings are made against you.

As others have suggested, you need a lawyer. You may already have severely damaged your case by litigating in pro per, but the damage can (and likely will) get worse if you continue trying to represent yourself. A lawyer may even be able to undo some of the harm you have caused yourself.

Good luck.

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Answered on 2/05/09, 9:25 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: civil case

You have no idea how much of a disadvantage you are at. I recommend getting an attorney now, to have him handle the depo and from here on. Otherwise, you might lose an otherwise winning case.

Best,

Daniel Bakondi, Esq.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

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Answered on 2/05/09, 9:47 pm


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