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RustyNails · Oct 17, 2013, 12:35 PM

When I first met with this attorney, they told me that they were very familiar with this type of case and were very excited.
The very next day after what I was told was a very successful deposition, they called me and told me the following. "We are just a small firm. We are employment attorneys that don't really practice this type of law. The defense has overwhelmed us. So I'm sorry but we are dropping the case".

There story has changed now 3 times. They filed the motion and didn't serve me.Then sent me a email stating tthat the judge granted the motion when the motion had not even been heard. I found out that it had not been heard just yesterday by being served by the defense that they would appear via court call.

This attorney filed this class action in Northern California even though all class members and the attorney are located in Southern California.

My question is how do I fight it.

ScottGem · Oct 17, 2013, 12:36 PM

Fight what? You want to continue with this attorney?

RustyNails · Oct 17, 2013, 12:50 PM

Originally Posted by ScottGem

Fight what? You want to continue with this attorney?

This attorney represented me in two case against the same defendant. Because he was dropping both, I agreed to withdrawal the class action WITHOUT prejudice because I didn't want to be forced to replace 2 attorneys. My intention was to find a attorney to take over the FCA whistleblower case. Then search for another attorney for the class action and just refile. But my attorney withdrew the case WITH prejudice. Furthermore, the second case is a whistleblower case.

The defense tried to blackmail me by saying that if I would agree to withdrawal both cases (class action and whistleblower) that they wouldn't come after me for court costs. I refused to withdrawal the FCA. So the defense filed a motion that my attorneys never responded to even though they are still my attorneys and a judgment was entered against me.
All I want is for them to be forced to protect my interests by fighting the judgement that they failed to respond to.

I haven't even addressed the fact that I have whistleblower protections that has made that settlement offer a retaliation act.

ScottGem · Oct 17, 2013, 01:39 PM

Can you give a little more background here. Are you a plaintiff or defendant? What is the suit about?

ScottGem · Oct 17, 2013, 06:38 PM

Rusty,

First my blog deals with computer issues. If you have a follow up please post it here.

Second, one does not have to be a member of the bar to understand the law and be able to answer legal questions. I have never claimed to be an attorney, there is no warranty that your questions here will be answered by an attorney. You came here looking for help, I tried to provide that help. If you had asked, I would have told you I'm not a member of the bar. I feel no need to add a disclaimer when responding to questions here.

J_9 · Oct 17, 2013, 07:00 PM

What kind of suit is this? You don't elaborate.

Also, a Motion does not need to be "heard" but only read by the presiding judge.

Fr_Chuck · Oct 18, 2013, 03:19 AM

A class action law suit is a very complicated issue and would require dozens of other people to have filed similar law suits who are joined. You do not seem to have a class action law suit filed from what you are saying.

if you used them before? Same type of case ? But no, if they do not want to represent you, you find a new group