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Asked 11 months ago - Elk Grove, CA
FlagAttorneys submitted brazenly false infomation in their oppostion document. These attorneys also submitted a declaration from their client that contained brazen perjury. Then with these documents, they submitted evidence which is directly opposite of the facts stated in their oppostion and declaration . The attorneys did this to beat the motion and they (correctly) assumed that the judge would not even look at the evidence and exhibits they had attached. My attorney said he would do a request for reconsideration, but missed the 10 day deadline. Anyway, as the plaintiff who is now free of my negligent attorney, how do I notify court/judge of the brazen fraud? How do I make judge actually look at the evidence that has true facts that support my claims?
You won't be able to have an ex parte communication with the judge.
Normally, you would point out the false/fraudulent information in the Opposition by filing a timely Reply to Opposition (5 court days before the hearing on the motion). It's not clear whether your former attorney did so. Nevertheless, if the time for a CCP 1008 motion for reconsideration has passed, it is time for you to hire new litigation counsel.
If the time for reconsideration is past, you have a serious problem. You need to hire new counsel immediately. As for how you respond, it depends entirely on what kind of motion your attorney filed that was denied.
There may be an appeal, writ, or a different motion that could be filed--it all depends on exactly what is going on here. But the level of detail necessary to give you any direction is more detail than you should put on this public forum. You really do need to hire a new lawyer and fast.
I agree with my colleagues that you need to hire a new attorney and evaluate your options. As noted by the other counsel, your question does not indicate if a reply brief was filed, just that a motion to reconsider was not. On rare occasions, courts will allow filings "out of time" if a party can show good cause, and that might be a means to get this issue reopened. However, that is a very hard thing thing to accomplish and you really need to have an attorney involved to have a realistic chance.
You may also have a claim against your ex-attorney. To have a claim, it would be necessary to show that you were injured by his conduct; essentially that but for his mistake, your would have won your case. You may want to consult with a legal malpractice attorney to evaluate your options in that regard. Good luck.
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