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Need an attorney to take over Los Angeles Superior Court Case BC452266 as law firm was raided by State Bar

La Quinta, CA |

This is a case against OneWest Bank, one of six filed by a law firm in Calabasas, CA;
complaint alleges six causes of action related to loans/foreclosure/loan modifications.
Case was apparently removed to Federal court; uncertain whether it was remanded back to state court; it is a mass joinder; my name has yet to be added to complaint.

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Attorney answers 3

Best Answer
Posted

Why would you want to voluntarily join a lawsuit which the California Attorney General is alleging is a foreclosure scam?

http://oag.ca.gov/news/press_release?id=2552

http://www.courthousenews.com/2011/08/19/39125.htm

The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.

Asker

Posted

From what I read elsewhere it's the marketing practices that are the problem, not that the lawsuit is frivolous. Obviously the lawsuit has been filed, so your article s inaccurate. Read the complaint and seeif you think it's frivolous. If you think it s, I'll accept your evaluation.

Frank Wei-Hong Chen

Frank Wei-Hong Chen

Posted

http://www.avvo.com/legal-guides/ugc/the-failure-of-typical-wrongful-foreclosure-cases-in-california?ref=result_7_title

Asker

Posted

Thank you - very informative as well as responsive. This lawsuit is different: 1 alleges bank made loans that with knowledge that loans would lead to foreclosure due to nature of loans and facts; 2. bank never intended to grant HAMP, thus never evaluated for HAMP: mock HAMP evaluation caused loss of equity when other options were present for owner; complaint details defects in loans themselves subprime nature, variable interest rates, lenders knew or should have known would lead to collapse of housing market.

Asker

Posted

Complaint alleges violation of bus & prof code unfair competition: 17200

Frank Wei-Hong Chen

Frank Wei-Hong Chen

Posted

http://www.avvo.com/legal-guides/ugc/seeking-an-unfair-business-practices-claim-in-a-wrongful-foreclosure-case-in-california?ref=result_1_title

Asker

Posted

Frank, I really appreciate providing the law. I think you may be saying that so far this appears to be a boiler plate complaint. Well the complaint hasn't been served and we need an attorney. The complaint can still be amended. I'm sure many plaintiffs have valid claims. I wonder if you could take over the case or request to the court the same?

Frank Wei-Hong Chen

Frank Wei-Hong Chen

Posted

http://www.courtinfo.ca.gov/opinions/documents/B231520.PDF

Asker

Posted

Now that the case has been completely annihilated as of today, the State Bar doesn't have to find us attorneys, does it. There weren't any that would take the case anyway, so this just wrapped it up for them.

Asker

Posted

Frank, the U.S. Has just filed suit against a multitude of Banks for similar issues as outlined in Kramer and Kaslw mass joinder. I read this in Daily Beast I believe orig from wall street journal. Suing for $900 million.appear to be almost identical issues to first cause of action struck down by CA appellate court on Aug. 24. Btw, yes, you are talented and thorough.

Posted

If the current lawyer handling the case is being investigated by the state bar, there is a possibility that the lawsuit that you want to be a part of is a frivolous lawsuit.

Jason J.L. Yang, Esq. is admitted to practice law in California and therefore, all posts are based on California law. The posts do not constitute legal advice and does not create an attorney/client relationship.

Asker

Posted

seems to me the AG is acting as a pawn for the banks being sued. These banks received millions of dollars in the bailout and have not been helpful in the foreclosure issue. My understanding is the attn. in questions have made progress in these lawsuits against the banks. How come the AG is not helping the homeowners and is helping the banks?

Posted

Mr. Chen has -- once again -- hit the nail on the head.

It may also be worth saying that, if you are not a named party to the case, you are most definitely not in need of an attorney to take over the case.

And, given the State Bar and Attorney General's present activities with respect to this case, it is extremely unlikely that any attorney would be willing or even allowed to step into the case at this point. Most likely the court will appoint counsel, but it's going to be a mess by any measure.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

Asker

Posted

Thanks Christine - the message by the State Bar on the attorney firm's phone requests clients call the lawyer referral service to find attorneys to represent them. I was supposed to be added to the next amended complaint. When I called lawyer referral they said I had to find out if case was ongoing. If it was I couldn't allege legal malpractice; I had to find an attorney to continue the case.

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