I retained Mr Kinsey on 6 Dec 2011 and handed all the paperwork from my previous counsel. Gave all the demographic details of my spouse. My trial was set for May 3 2012 and Final Status Conference was set for April 26,2012.Discovery cut off date was March 26,2012.I constantly requested and reminded Mr Kinsey to send the Notice of Deposition to the other party. But Mr Kinsey did not pay any attention until the last moment .On February 21 2012 Mr Kinsey mailed the Notice of Deposition setting the Respondents deposition on March 30 2012 at his Office in Seal Beach Ca.The opposing counsel objected to the deposition on March 12 2012 based on C.C.P Section 2025.26(a),which is true as my spouse resides in Santa Clara almost 500 miles from his Office and this thing was told to Mr Kinsey on the very first day.To cover his mistake Mr Kinsey filed an EX PARTE on March 26 2012 for ORDERS COMPELLING THE ATTENDANCE OF THE RESPONDENT AT HER DEPOSITION CURRENTLY SET FOR MARCH 30,2012 IN THE OFFICE OF THE ATTORNEY FOR THE PETITIONER OR IN THE ALTERNATIVE FOR ORDERS SETTING THE DATE,TIME AND PLACE OF THE RESPONDENTS DEPOSITION.The EX PARTE was denied but the Court ordered April 11 2012 as a hearing date for the Motion to Compel deposition of the Respondent. Mr Kinsey Judged that the matter would be going to the Trial and demanded $5,000.00 more as retainer which I transferred on April 4 2012.On April 9 Mr Kinsey emailed me to continue sending him the Exhibits but when he went to the hearing on April 11 2012 instead of discussing about his motion to compel Respondents deposition Mr Kinsey proposed Mediation and the Judge transferred the matter to the ADR.The Judge also advised Mr Kinsey to file a motion to reopen discovery as the discovery is not automatically re-opened with the new trial date.When I questioned ,Mr Kinsey told me lie that the Court had proposed mediation
WHAT HE DID
1)He was lazy to propound the Notice of Deposition and when he did it was objected because of his mistake as she lives more than 150 miles from his Office.
2) Because of his action the discovery cut-off date of March 26 2012 was passed and he incurred me $3450.00 for the EX PARTE and motion to compel her deposition.
3) On April 11 2012 hearing he proposed that both the lawyers have opted for mediation ,whereas he never disclosed this thing to me on the contrary he took 2nd retainer of $5000.00 from me as he told me that the case would go to the trial.
WHAT HE DID NOT DO
1) He did not talk about his Motion to Compel her deposition on April 11 2012,instead proposed mediation which hampered my case for 1 year from April 11 2012 to March 22 2013. As a result of his action April 11 2012 hearing will be done on March 22 2013.
2). He did not file a motion to re-open discovery as advised to him by the Judge Mark Borenstein on April 11 2012.As a result of his action now I can no longer perform any discovery on my case.He did irreparable damage to my case.
3) He proposed mediation but did not take any step to mature it nor did he informed or updated me by any means. I was kept in total darkness as to what is going on in my case from April 11 2012 to time I decided to fire him in October 2012.
4).When the opposing party disqualified the judge he did not do anything for 4 months.,whenever I called him to take some action to bring dates back on calendar he would state that ,"Rapinder tomorrow is your day" and unfortunately "tomorrow" never came and I had to fire him to take the case in my hands.
How did I uncover everything
I had a hearing on Motion to Compel Request for Admission on February 13 2013 .At that hearing the Judge wanted to see the transcript form the last hearing.