Judge entered an illegal judgment against me and now I am collaterally challenging that judgment, can I amend the judge in? : I know about immunity of judges but my claim against him falls within the exception that says he entered a judgment without the authority to do so. Would I be able to amend my claim against the judge in in my collateral attack against my spouse and make him a Defendant? Would I also amend it the state of California? Or would that have to be done in a separate lawsuit (it is beyond the 6 months to notify the government but this information was recently discovered). Also, do I sue him personally or the state/county or both ? Trying to find out if this should be added to my lawsuit against my ex for getting that judgment (she might not have been totally aware that the judge couldn't have entered that judgment herself) (SIDE NOTE: The judge is dating my ex-spouse so I guess that's how he felt compelled to enter an illegal judgment against me and for her)...I know this is unusual but in this case it falls within the exceptions of no judicial immunity...thanks.
Michael’s answer: Respectfully, there is no exception to judicial immunity so long as the judge is acting as the judge in your case. Of course, you can challenge a judgment on many grounds such as lack of jurisdiction. But, that does not allow you to sue the judge or the State of California. You're in over your head. Beware of being sanctioned ($$$) for filing a frivolous lawsuit.
How do I get my Ex’s attorney to release my money from His Trust, from the sale & settlement of the house in our divorce ?:
The sale & settlement, of my ex husband & my house was completed months ago. My Ex husband’s attorney is withholding my portion of the money in HIS trust. I cannot get him to pay me. Isn’t it illegal for him to withhold my money?? What am I to do?
The divorce has been granted & in fact my Ex is already remarried, ( to a attorney with her own practice). So this entire divorce has been a nightmare. He’s still fighting me to not pay any support, even though my arm & hand goes numb from cervical neck problems. ( & I cut hair for a living, so holding scissors etc becomes impossible). I’m being scheduled for neck surgery. I’m at my wit’s end, I need my money to get a place to live. ANY ADVICE how to go about having his attorney release my money to me, would be Greatly Appreciated.
Thank you so much…
Michael’s answer: File a formal complaint with the state bar--that should get you our money or a reason why it has not been disbursed.
Would representing a client in a similar situation after having been involved with opposition in similar case?:
During a heated hearing moment, our attorney divulged to opposing parties that he had another client in a similar or exact case against them and that he was determined to prevail in “order to stop” opposing parties’ behavior.
We are not sure what kind of "behavior" our atty was referring to, but opposing parties immediately called out our atty on the grounds of "conflict of interest". Our atty rolled his eyes and remained silent; the presiding judge said that he could not give legal advice, but was allowing opposing parties to object to our atty's remarks, which they did. Opposing parties then said they would be reporting our atty to the State Bar.
Can this be possible?
Has our atty actually conmitted "conflict of interest"?
What exactly constitutes conflict of interest?
Michael’s answer:
There might be a conflict but, if so, it can be waived. See RPC Rule 1.7 (b): "A lawyer shall not, without informed written consent* from each affected client and compliance with paragraph (d), represent a client if there is a significant risk the lawyer’s representation of the client will be materially limited by the lawyer’s responsibilities to or relationships with another client, a former client or a third person,* or by the lawyer’s own interests."
Only a client can complain concerning this potential conflict; not opposing parties. One example: the cases have substantially different settlement values; one client is sacrificed to obtain a better, higher settlement for another.