Central District Consumer Bankruptcy Attorney's Association

Steven:
Mtn for Summary Judgment can be based on the dec of fraud alone.
If no stip re fraud, prob no collateral estoppel.
dennis

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Potential client wants to file 7. He is an attorney and was being sued for fraud, breach of fiduciary duty and legal malpractice. The plaintiff and the attorney (who is 80 and representing himself) enter into a stipulated judgment for a dollar amount. The stipulated judgment does not say it is based on the fraud allegation or breach of fiduciary duty allegation. Plaintiff's counsel instead has the attorney sign a separate declaration that he committed fraud in the handling of the case.
Question - since the declaration was not part of the stipulated judgment - can be be used against him if he files 7 and the plaintiff files a 523 complaint and motion for summary judgment? My first thought was a 473 motion regarding the declaration in state court but a friend did not think that would be appropriate since it was not part of the stipulated judgment.....any thoughts would be appreciated.
Law Offices of Steven A. Wolvek
23901 Calabasas Road, Suite 1063
Calabasas, CA 91302
818-227-3379
FAX: 818-227-3383
E-mail: wolveklaw@sbcglobal.net

The post was migrated from Yahoo.