QUESTION
Judge biased before hearing the facts
Asked on Mar 30th, 2013 on Civil Litigation - California
More details to this question:
I have a case that was heard by a Commisioner in a Probate matter. She wouldn't allow my attorney to enter documents into the record to defend me. She ruled against me for $300k and added a penalty of $600k. It was appealed, upheld and later handed down to the Presiding Judge of the Superior Probate Court to award the damages as he saw fit. He ruled that the first $300k was wrongfully awarded. That was based on Section 850, Probate. The secondary damages, the $600k, Section 859, are calculated as double the Section 850 award. As the award for the Section 850 damages were now 0, how can the Section 859 damages still be allowed? He told me that I would have to pay the $300k, as well as the $600k AND that if there was any money left in the estate that was awarded the damages, once that estate was probated, I may be able to recover the $300k if there was still money left in the estate. How does this make any sense? Furthermore, what can be done about this injustice? Thank you in advance
1 ANSWER
Bankruptcy Attorney serving Menlo Park, CA
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Law Offices of Stephen Benda
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You are probably not understanding what is gong on properly. Since you have an attorney already you need to ask your attorney to explain it to you and f you have questions address it to your attorney.
Answered on Apr 01st, 2013 at 4:13 PM