Legal Question in Legal Malpractice in California
Civil Lawsuit
I won a judgment in a civil matter. The defendants filed bankruptcy and listed the judgment in their bankruptcy petition. However, when the lawyer settled the judgment, she never actually filed a memorandum of costs or the Judgment itself? Can I still go after the defendants for my judgment? Technically they listed a judgment that wasn't actually there. Can I sue the lawyer for malpractice as this was an estate attorney who was handling the judgment for an estate and I was deprived of my inheritance because of this lawsuit?
2 Answers from Attorneys
Re: Civil Lawsuit
Depending on the proximity of the judgment to the date the BK was filed.
Re: Civil Lawsuit
You can petition the court to open a judgment (for good cause) up to 180 days after judgment handed down.
As to malpractice, based on your facts, answer is "Yes".
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