The Eviction Attorney "Physically" refused to allow me to leave his office by during a meeting?

Asked about 2 years ago - Oakland, CA

I arrived at the deposition, in which we sat at the Conference Table. The attorney sat across the table. He threatened me several times in sanctioning me, yet he continued with meeting. He then the stenographer to stop typing, and became belligerent. Therefore, I stood up, and began exiting the Conference room when - all of sudden - The attorney blocked me from physically leaving. The space between the conference room table and the wall was small, and therefore, I could not squeeze out. Since he was now holding me hostage. I instructed the stenographer to call the police. But apparently since she was being paid by him, and she did not call. They attorney is a husky built man with whom I could not win in a physical confrontation. Eventually, when he did move . . .

Additional information

I asked another female in the front area to call 911. However, she abrasively answered, "I do not work for you!" I had to ask a stranger outside the building to contact 911. Moreover, he had the audacity of writing in his motion that I had "whipped out" a cell phone, after denying to him I own cell phone. Fortunately, the 911-call system can trace the 911-call to the actual owner, the kind stranger. This has to be attorney misconduct. I am contemplating in submitting a restraining order & requesting that the plaintiff be made to obtain a different attorney. I am PRO PER

Attorney answers (4)

  1. Alec Scott Rose

    Contributor Level 16

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    Answered . I agree with the above answer. While a deposition is not voluntary, you are not "under arrest" during the deposition. A deponent is entitled to be treated with the same dignity as she would be in a courtroom. Argumentative and badgering questions are not permitted.

    Holding someone in a room against their will is false imprisonment, a crime in California. Your attorney can bring a motion for protective order and/or sanctions for a deposition conducted in an inappropriate manner such as you have described.

  2. Herb Fox

    Contributor Level 16

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    Answered . This is unacceptable and possibly criminal conduct. But the bottom line is that you need an attorney to represent you. If you had one, this would never have happened.

    Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or... more
  3. Frank Wei-Hong Chen

    Contributor Level 20

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    Lawyer agrees

    Answered . While it is not clear what actually transpired at the deposition itself, the event you described is quite incredible. Perhaps having the deposition transcript itself will help bolster your case that there was absolutely no basis for the deposing attorney to act belligerently toward you?

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  4. Jemal K Yarbrough

    Contributor Level 11

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    Lawyer agrees

    Answered . Generally, I agree with the other answers, but...

    You mentioned that the attorney already filed a motion of some kind and related the events to the Court (even erroneous facts such as you had a cell phone). If the matter has already been considered and ruled on by the Judge it may be to late for you to do anything further in your case or a future civil lawsuit for false imprisonment. Even an attempted criminal prosecution may no longer be viable since the attorney will be able to rely on the civil court's determination to some extent.

    Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or... more

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