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Judge Neiter and non-dischargeability claim
On appeal these dismissals are almost always reversed. Clients are not supposed to lose their rights because counsel doesn't prosecute.
Court is supposed to sanction the lawyer, not the client.
D
Sent from my iPhone
On Apr 29, 2011, at 10:49 AM, "David A. Tilem" wrote:
> I missed the background, sorry. Even so, this is a slippery slope. I would hate to see a case or adversary dismissed because of a no show or even a missed phone call and a no show. Your situation sounds much more egregious.
>
>
> David A. Tilem
> Certified Bankruptcy Specialist*
> Law Offices of David A. Tilem (a debt relief agency)
> 206 N. Jackson Street, #201, Glendale, CA 91206
> Tel: 818-507-6000 Fax: 818-507-6800
>
> * Bankruptcy specialist cert. by State Bar of CA Bd of Legal Specialization.
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
>
> -----Original Message-----
Shannon Doyle
> Sent: Friday, April 29, 2011 10:17 AM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] Judge Neiter and non-dischargeability claim
>
>
> David,
>
>
> You missed the point of my prior post. Plaintiff's counsel failed to do ANYTHING. No discovery, no talks of settlement, no status or pre-trial reports were filed and she was non-responsive to my attempts to contact her prior to the hearing. If she had followed proper procedure, a missed appearance would not have been detrimental to her case as the judge (and myself) would have known what was going on with the case. At the time of the hearing we did not know she was caught in traffic. We assumed she chose not to show. Since I received some feedback on my post, I believe the judge still may have dismissed the case even if she made the appearance on time because she failed to prosecute the entire case. The judge was pretty clear that the rules must be followed.
>
>
>
> Shannon A. Doyle
>
> Attorney at Law
>
>
>
> 100 N. Barranca Avenue, Suite 250
>
> West Covina, CA 91791-1600
>
> Tel: (626) 646-2555
>
> Fax: (626) 332-8644
>
> www.blclaw.com
>
>
David A. Tilem
> Sent: Friday, April 29, 2011 9:42 AM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] Judge Neiter and non-dischargeability claim
>
>
>
>
> Not quite the same situation. In the first case the lawyer was delayed due to circumstances beyond his/her control. In Miyun's case the main lawyer chose not to show up.
>
>
>
> David A. Tilem
>
> Certified Bankruptcy Specialist*
>
> Law Offices of David A. Tilem (a debt relief agency)
>
> 206 N. Jackson Street, #201, Glendale, CA 91206
>
> Tel: 818-507-6000 Fax: 818-507-6800
>
>
> * Bankruptcy specialist cert. by State Bar of CA Bd of Legal Specialization.
>
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
>
>
> -----Original Message-----
miyun lim
> Sent: Friday, April 29, 2011 9:09 AM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] Judge Neiter and non-dischargeability claim
>
> Judge Neiter also dismissed Plaintiff's A/P complaint on my debtor for similar reasons. In my case, Plaintiff's counsel failed to show up and asked one of his friend attorney to cover for him. Judge Neiter was upset that his pre-trial orders were not followed.
>
> I wonder if we are dealing with same Plaintiff's counsel.
>
> Teri Lim
>
>
> Teri Lim, Esq.
> Law Offices of Miyun Teri Lim
> 3701 Wilshire Blvd. Ste. 1025
> Los Angeles, CA 90010
> (213)389-3557(Office)
>
> (323) 927-3623 (Fax)
>
>
>
> --- On Wed, 4/27/11, David A. Tilem wrote:
>
>
> Subject: RE: [cdcbaa] Judge Neiter and non-dischargeability claim
> To: cdcbaa@yahoogroups.com
> Date: Wednesday, April 27, 2011, 6:24 PM
>
>
>
> I would hope that such a motion will be granted. Would any of us want that situation to occur in our cases?
>
>
>
> David A. Tilem
>
> Certified Bankruptcy Specialist*
>
> Law Offices of David A. Tilem (a debt relief agency)
>
> 206 N. Jackson Street, #201, Glendale , CA 91206
>
> Tel: 818-507-6000 Fax: 818-507-6800
>
>
> * Bankruptcy specialist cert. by State Bar of CA Bd of Legal Specialization.
>
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
>
>
> -----Original Message-----
Shannon Doyle
> Sent: Wednesday, April 27, 2011 5:36 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Judge Neiter and non-dischargeability claim
>
>
>
> I got lucky when plaintiff's counsel got caught in traffic and missed the pre-trial conference so I was able to convince judge to dismiss case for failure to prosecute. However plaintiff's counsel has filed a motion to vacate dismissal.
>
> Just wondering if anyone thinks judge will reinstate case or if he is a stickler for procedure. Plaintiff has failed to serve initial disclosures, conduct discovery, file status reports etc. and won't negotiate a settlement until they sell vehicle and have a deficiency balance to work with.
>
> Shannon A. Doyle
>
> Attorney at Law
>
>
>
> 100 N. Barranca Avenue, Suite 250
>
> West Covina, CA 91791-1600
>
> Tel: (626) 646-2555
>
> Fax: (626) 332-8644
>
> www.blclaw.com
>
>
>
On appeal these dismissals are almost always reversed. Clients are not supposed to lose their rights because counsel doesn't prosecute. Court is supposed to sanction the lawyer, not the client.DSent from my iPhoneOn Apr 29, 2011, at 10:49 AM, "David A. Tilem" <DavidTilem@TilemLaw.com> wrote:
I missed the
background, sorry. Even so, this is a slippery slope. I would hate
to see a case or adversary dismissed because of a no show or even a missed phone
call and a no show. Your situation sounds much more
egregious.
David A.
Tilem
The post was migrated from Yahoo.
charset="windows-1251"
I missed the background, sorry. Even so, this is a slippery slope. I would
hate to see a case or adversary dismissed because of a no show or even a
missed phone call and a no show. Your situation sounds much more egregious.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Shannon Doyle
Sent: Friday, April 29, 2011 10:17 AM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Judge Neiter and non-dischargeability claim
David,
You missed the point of my prior post. Plaintiff's counsel failed to do
ANYTHING. No discovery, no talks of settlement, no status or pre-trial
reports were filed and she was non-responsive to my attempts to contact her
prior to the hearing. If she had followed proper procedure, a missed
appearance would not have been detrimental to her case as the judge (and
myself) would have known what was going on with the case. At the time of
the hearing we did not know she was caught in traffic. We assumed she chose
not to show. Since I received some feedback on my post, I believe the judge
still may have dismissed the case even if she made the appearance on time
because she failed to prosecute the entire case. The judge was pretty clear
that the rules must be followed.
Shannon A. Doyle
Attorney at Law
small logo
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
www.blclaw.com
The post was migrated from Yahoo.
charset="windows-1251"
David,
You missed the point of my prior post. Plaintiff's counsel failed to do ANYTHING. No discovery, no talks of settlement, no status or pre-trial reports were filed and she was non-responsive to my attempts to contact her prior to the hearing. If she had followed proper procedure, a missed appearance would not have been detrimental to her case as the judge (and myself) would have known what was going on with the case. At the time of the hearing we did not know she was caught in traffic. We assumed she chose not to show. Since I received some feedback on my post, I believe the judge still may have dismissed the case even if she made the appearance on time because she failed to prosecute the entire case. The judge was pretty clear that the rules must be followed.
Shannon A. Doyle
Attorney at Law
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
www.blclaw.com
The post was migrated from Yahoo.
charset="windows-1251"
Not quite the same situation. In the first case the lawyer was delayed due
to circumstances beyond his/her control. In Miyun's case the main lawyer
chose not to show up.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
miyun lim
Sent: Friday, April 29, 2011 9:09 AM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Judge Neiter and non-dischargeability claim
Judge Neiter also dismissed Plaintiff's A/P complaint on my debtor for
similar reasons. In my case, Plaintiff's counsel failed to show up and
asked one of his friend attorney to cover for him. Judge Neiter was upset
that his pre-trial orders were not followed.
I wonder if we are dealing with same Plaintiff's counsel.
Teri Lim
Teri Lim, Esq.
Law Offices of Miyun Teri Lim
3701 Wilshire Blvd. Ste. 1025
Los Angeles, CA 90010
(213)389-3557(Office)
(323) 927-3623 (Fax)
The post was migrated from Yahoo.
Judge Neiter also dismissed Plaintiff's A/P complaint on my debtor for similar reasons. In my case, Plaintiff's counsel failed to show up and asked one of his friend attorney to cover for him. Judge Neiter was upset that his pre-trial orders were not followed.
I wonder if we are dealing with same Plaintiff's counsel.
Teri Lim
Law Offices of Miyun Teri Lim
3701 Wilshire Blvd. Ste. 1025
Los Angeles, CA 90010
(213)389-3557(Office) (323) 927-3623 (Fax)
The post was migrated from Yahoo.
charset="windows-1251"
I would hope that such a motion will be granted. Would any of us want that
situation to occur in our cases?
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Shannon Doyle
Sent: Wednesday, April 27, 2011 5:36 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Judge Neiter and non-dischargeability claim
I got lucky when plaintiff's counsel got caught in traffic and missed the
pre-trial conference so I was able to convince judge to dismiss case for
failure to prosecute. However plaintiff's counsel has filed a motion to
vacate dismissal.
Just wondering if anyone thinks judge will reinstate case or if he is a
stickler for procedure. Plaintiff has failed to serve initial disclosures,
conduct discovery, file status reports etc. and won't negotiate a settlement
until they sell vehicle and have a deficiency balance to work with.
Shannon A. Doyle
Attorney at Law
small logo
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
www.blclaw.com
charset="windows-1251"
Message
I would hope that such a
motion will be granted. Would any of us want that situation to occur in
our cases?
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
charset="US-ASCII"
I got lucky when plaintiff's counsel got caught in traffic and missed
the pre-trial conference so I was able to convince judge to dismiss case
for failure to prosecute. However plaintiff's counsel has filed a motion
to vacate dismissal.
Just wondering if anyone thinks judge will reinstate case or if he is a
stickler for procedure. Plaintiff has failed to serve initial
disclosures, conduct discovery, file status reports etc. and won't
negotiate a settlement until they sell vehicle and have a deficiency
balance to work with.
Shannon A. Doyle
Attorney at Law
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791-1600
Tel: (626) 646-2555
Fax: (626) 332-8644
www.blclaw.com
charset="US-ASCII"
The post was migrated from Yahoo.