Legal Issues…On and On and On

We scheduled a deposition.

Cancelled.

We reschedule the deposition.

Cancelled again.

We reschedule the rescheduled deposition.

Cancelled.

We reschedule the rescheduled rescheduled deposition.

Cancelled. Cancelled. Cancelled. And, cancelled an hour before.

Yup. We’re STILL fighting our legal battle. Because we’re still in litigation, I can’t say much other than, mediation this week did not go well… at all. The plaintiff walked out at our offer.

Looks like this is going to turn into a jury trial.

Looks like our attorney’s fees are going to continue going cha-ching, cha-ching, cha-ching.

They say California is a ‘sue happy’ state. People sue for just about anything and yes, it’s 100% true. As eternal defendant, I can tell you, this is getting very old… and VERY expensive.

Posted by Beks on February 28, 2011 at 5:00 AM in Legal Battle | 7 Comments »
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Alexandria responded:
Posted: February 28th, 2011 at 10:04 am
What on earth are they suing you for??? Seriously! Do you need another attorney or something???

IF you laid out your assets and the plaintiff knew what they were going after. Pretty much nothing?

I just don’t get it.

My MIL went through something similar but hired the BEST attorney she could find. It was over swiftly. Total legal fees? $4k-ish? Nothing, considering what it could have turned into. They had TONS of assets to go after. OF course, insurance covered a small settlement.

I am no legal expert, so take my comments with a grain of salt. I just can’t help but feel, “So sue me! I don’t have anything!”
Just Me Again responded:
Posted: February 28th, 2011 at 1:35 pm
So often when we talk about financial emergencies, we think of it only in terms of things like job loss, medical crisis or death. Very rarely though do we consider the possibility of legal issues, yet they can be among the most costly sitiatins you will ever have to deal with.

This is something most people don’t grasp when it comes to legal issues, until it happens to them. We go through life with this merry misconception that if you do nothing wrong, you have nothing to worry about. And even if you are falsely accused of something, the truth will quickly prevail and those who accused you will have to pay for all the bills you’ve incurred along the way to clear yourself.

We allow ourselves to believe these myths because the truth is too scary and unjust to contemplate. It turns our whole safe notion of what is right and just on its head!

The scary and sad reality is that anyone can accuse you of some kind of wrongdoing or negligence at any time. And when they do, you will have to either find a way to defend yourself and pay a huge bill for doing so, or if you can or will not do that, you will have to accept whatever punishment is dished out to you. Even if you are found innocent of the accusations, the odds of anyone being ordered to pony up for your legal costs are extremely slim.

Being in the right doesn’t protect you from anything. Proving you’re in the right is extremely costly and only protects you from further penalty. All you can do is make sure you’re insured for as many possible problems as you can and hope for the best with the rest.
Lisa responded:
Posted: February 28th, 2011 at 4:22 pm
Beks, I’ve never commented before, but I read your blog daily. I am wondering – why didn’t your homeowner’s insurer provide defense counsel for you in this situation? I believe I read before that this person’s accident happened in front of your house. Just curious.
Connie responded:
Posted: February 28th, 2011 at 6:20 pm
I’m also curious why you didn’t tender the defense to your homeowner’s insurance. That is a covered benefit, and they will pay the “damages” up to the limit of your liability, which at minimum is usually around $300,000. Even if you were a renter when the event happened, your renter’s insurance has the same benefits.
Claire in CA, USA responded:
Posted: February 28th, 2011 at 7:11 pm
I was a legal secretary for years, and can attest to the fact that lawsuits are stressful and can take years to resolve. I also believe that, depending on your jurisdiction, there are a lot more furlow days for court personnel, which translates into fewer days to get things done.

Have you been given explanations as to why the depos keep being continued? I’d be throwing a fit over that, because that is a law firm issue, not a court issue.

Big hugs, girl. So sorry you guys have to deal with this.
Beks responded:
Posted: February 28th, 2011 at 9:22 pm
Alexandria – That’s totally how we feel. We have zero assets but the person is coming with guns blazing.

Just me again – very, very true.

Lisa/Connie – The incident happened on city property in front of our home. Because it didn’t happen on our property, our homeowner’s doesn’t have to cover a dime. BUT, they are being generous and covering the bulk of the fees but some they can’t cover. We’re grateful they are helping at all.

Claire – they always seem to have a ‘good’ excuse. Unexpected trial day, plaintiff is sick, blah, blah, blah.
Andy responded:
Posted: March 1st, 2011 at 6:49 am
What I don’t understand is, if it happened on city property – which since your homeowner’s ins is not covering it means it was not on your property how can this person sue you to begin with? The are suing you for something that you don’t own/maintain or have any control over?? Isn’t that fradulent? (I am sure you have asked all of this….but I still can’t grasp the concept – call me dense I guess)

If this did happen on city property then how can you even be named in the suit? It’s like someone suing me because I was a passenger on a city bus that rear-end their car. Yeah, I was there but that doesn’t make me liable.

Ok – tangent over. Sorry I am so sensative to this situation. A similar thing happened to my father and it took over 5 years to resolve

And I’m with Claire, I would be having a hissy fit over the constant cancellations. So they get to cost you $$ AND waste your time?? Ugh