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Infolawyer
Infolawyer, Attorney
Category: Personal Injury Law
Satisfied Customers: 1078
Experience:  Licensed attorney helping individuals and businesses.
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Recently you helped me with my question RE: opposing a

Customer Question

Hi, recently you helped me with my question RE: opposing a motion to compel IME. I received the motion scheduled for 11/30 and he is requesting fees. I really want to oppose this, because, as I mentioned the husband and wife went to the IME thinking both
were scheduled at one time (2 pm), true, still, their responsibility to show up at scheduled time, but both plaintiff's were there, and they were willing to wait until the doctor could see them, but the doctor's office refused. Client is scheduled to go for
IME on 12/2, in the afternoon, we have the MSC at 8:30. all other parties are willing to settle except this defendant. Even the mediator agrees that, this case has been dragged too long. How can force this case get settled at the MSC? I would appreciate any
advise you can give me.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  LawTalk replied 1 year ago.

Good morning,

I'm Doug, and I'm very sorry to hear of the situation. My goal is to provide you with excellent service today. I am a licensed CA attorney with 30+ years of experience in personal injury law. I handled more than 3000 PI cases in CA over a period of 2 decades and litigated several hundred cases in both Municipal court as well as Superior court.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a nominal charge I can offer you a phone conference as opposed to continuing in this question and answer thread. I will make that offer to you after I get this posted to your question thread. Let me know if you don't want a call and I can continue here with an answer.

In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. What motion is scheduled for the 30th? Motion to compel attendance at the "defense" medical (I refuse to call it an IME as there is not a darned thing independent about them!)

2. Are the defense medical and the MSC scheduled for the same day?

3. Are you the attorney representing these clients?

Thanks in advance,

Doug

Expert:  Seattle Scott replied 1 year ago.

I received a notice that you were requesting a response from me. Do you want to work with Doug or myself?

Customer: replied 1 year ago.
I would like to discuss this case with you, however, the answer to your questions;
1- MOTION FOR ORDER COMPELING PHYSICAL EXAMINATION OF PLAINTIFF & REQUESTING SANCTIONS
2- YES
3- YES
By the way MSC is scheduled at 8:30 a.m & defense medical is scheduled at 3:45 p.m. Just for the hell of it I prepared a 998 in case we go to trial. The dispute is between the two defendants who is liable. On defendant is willing to settle on comparative 50/50 the other defendant (the middle car) is disputing. The same disputing defendant is arguing that we had preexisting condition. Of course, we did, we provided that info through the discovery, but our claim is that our client's condition was exacerbated. Does this give you a better picture of the case?
Customer: replied 1 year ago.
Thank you for responding Scott, I requested for you, but since I received a response from Doug, I thought you did not want to respond. I really need a response as quickly as possible, I don't know if you have a copy of Doug's response to me and mine to him or we start all over again. I would appreciate the assistance as quickly as possible.
Expert:  Seattle Scott replied 1 year ago.

I see Doug's questions and your answers. On the motion, fees won't be awarded because the parties went to the first exam and have agreed to it being reset. As I said previously, I think defense counsel just wants an order in case there is a no show at the next exam. or for some reason the exam doesn't take place before trial. So oppose the fee request aspect of the motion.

Give me a few minutes on the other issue

Expert:  Seattle Scott replied 1 year ago.

Are the plaintiffs fault fee - they were rear-ended? If fault free plaintiff, does CA allow joint liability between defendants or must liability be apportioned such that plaintiff can only collect a percentage of the damages from each defendant? I am just thinking about a way to settle with one defendant to pressure the other to settle.

Customer: replied 1 year ago.
the plaintiffs are fault free, and CA allows comparative negligence. Defendant 2 (middle car) rearended our clients pushing them in to the center guard rail. Defendant 2 is claiming that defendant one rearended her, pushed her into us. Defendant 1 is claiming, defendant 2 hit us first and he hit defendant 2. The damage to the front of defendant 2 car is much greater than her rear damage. So, we went to mediation defendant 1 is willing to settle, we lowered our global demand no settlement at mediation. Defendant 1 requested the mediator to continue via telephone settle the case. Defendant 2 said that he is awaiting authority from the ins. co. but nothing happened. Mediator called me yesterday apologizing he tried to resolve the matter but this defendant is not willing. Defendant 1 has tried to pressure the defendant 2 but he won't budge and this week he is out of the office.
Expert:  Seattle Scott replied 1 year ago.

Well my reading of CA law is that you can settle with D1 and get the settlement approved by the court as a "good faith" settlement and that this cuts off D2's right of contribution- so leaves D2 hanging a bit. D2 can offset the judgment by the settlement amount, but is then 100% liable for the balance of the judgment, regardless of comparative fault. Will your clients testify that they were hit twice? Will D1 testify that he saw D2 impact client's car first - forget amount "claiming", but do you have any testimony from D1? If you do a settlement with D1, have a condition that D1 will testify at trial, or better yet, try to get a perpetuation deposition from D1, so you have his testimony locked down before trial.

Customer: replied 1 year ago.
Thank you so much for you help. Yes, this was D 1's statement of facts from the beginning, that, he saw D2 rear end us, then he hit D2 and all cars were pushed forward, till plaintiffs hit the center guard rail. My other problem is that my clients just informed me that they are leaving the country and won't be here for the trial (December 12) no matter what. So, this case is getting better and better everyday. I am never doing this again. But, we have MSC coming up 12/2, I want to settle at the MSC, D1 is willing we are willing, can we do the good faith settlement at MSC. I have never been to MSC.

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