I am often asked to take over cases from major L.A.-based firms.  Far too often, I uncover rampant billing abuses and outright fraud committed by the client’s former lawyers.  It has become so common that I decided to draft this article to better educate the public. To be clear, this article is not intended to solicit cases: this firm does not specialize in legal malpractice (there is rarely enough money involved in such cases to justify hiring an expensive lawyer).  The aim is to educate others on how to protect themselves from bad lawyers.  As they say, “one bad apple
Read More

Code of Civil Procedure Section 128.7 In appropriate cases, a motion for sanctions under Code of Civil Procedure section 128.7 can be highly effective at dismissing a lawsuit with prejudice early on without the expense of protracted litigation. Due to the high volume of requests received by this office, we provide the below samples of section 128.7 motions and court orders granting same. (A lot of information and sample documents about section 128.7 are provided on this website by popular request. Nonetheless, we continue to receive a large volume of calls inquiring further. We hope you understand that we cannot
Read More

The following are samples of section 128.7 motions: Sample 1: Motion for Sanctions (undue influence/conspiracy) Sample 2: Motion for Sanctions (harassing lawsuit) Sample 3: Motion for Sanctions (improper jurisdiction) Sample 4: Motion for Sanctions (construction) Sample 5: Motion for Sanctions (defamation/litigation privilege) Sample 6: Motion for Sanctions (frivolous renewal motion) Sample 7: Motion for Sanctions (real estate dispute) Sample 8: Motion for Sanctions (illegal contract/drug trafficking)
Read More

There are distinct advantages to a §128.7 motion: less cost, speedier dismissal and recovery of attorney’s fees. A motion for summary judgment typically costs more over the duration of the case: it involves more paperwork (e.g., preparation of a Separate Statement of Undisputed Material Facts) and usually precedes expensive discovery taken by the plaintiff gathering evidence to prepare an opposition. This is not to say that a §128.7 motion is the better option in all cases. Despite its advantages, a §128.7 motion is much more difficult to win than a motion for summary judgment. In deciding which motion is best,
Read More