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NORTHERN CALIFORNIA RECORD

Thursday, November 14, 2024

Former Client Alleges Fraud Against Attorney William C.Dresser

State Court
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Judge Evette D. Pennypacker | Official Website

The court filing reveals a complex legal battle involving allegations of fraud, malpractice, and breach of contract. Michelle Gomez, the plaintiff, has filed a lawsuit against her former attorney, William C. Dresser, in the Superior Court of California for Santa Clara County on November 6, 2024. The complaint outlines several serious accusations against Dresser and his law firm.

Michelle Gomez's case stems from a series of alleged misrepresentations and legal mishandlings by her former attorney, William C. Dresser. According to the complaint, Gomez had initially sought Dresser's legal services for a civil case involving claims against her ex-husband and others related to real estate wrongdoing and personal harm. The agreement was based on a contingency fee arrangement where Dresser would only be paid if there was a recovery from the defendants.

However, Gomez alleges that Dresser falsely represented that he had secured a settlement totaling approximately $170,000 during a February 2021 settlement conference overseen by Judge Carol Overton. Despite these assurances, Gomez claims she never received the promised settlement amounts due to various discrepancies and disputes over whether an enforceable settlement existed.

The complaint further accuses Dresser of filing misleading documents with the court without Gomez's consent, including a "Notice of Settlement of Entire Case," which inaccurately indicated an unconditional settlement had been reached. This form allegedly caused confusion and led to erroneous court rulings regarding the existence of a settlement.

Gomez's grievances extend beyond just misrepresentation; she accuses Dresser of breaching their retainer agreement by failing to provide competent legal services and acting in ways that conflicted with her interests as his client. She also charges him with legal malpractice for not adequately preparing for trial or securing an enforceable settlement.

In addition to seeking declaratory relief to void the arbitration award and judgment obtained by what she describes as fraud on the court, Gomez demands compensation for damages incurred due to Dresser's alleged negligence and misconduct. She seeks punitive damages for what she characterizes as despicable actions by her former attorney.

Representing herself "pro per" after parting ways with Dresser in May 2021, Gomez later hired new counsel in February 2024 to assist with ongoing litigation matters. Her current legal representation is led by Patrick J. Evans from the Law Office of Patrick J. Evans.

The case is being presided over by Judge Evette Pennypacker under Case No. 240V451161 in the Superior Court of California for Santa Clara County.

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