California Employment Law
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for the S&W the attornry never served me in 2002 nor the WCAB with my name, He finally let me know of the case 6 years later. i filed for Dismissal of the S&W
but at trial the judge never heard the motion and he went right to susbstantive issues. I won on substantive issues. He did NO discovery except to fiannlt take my depo in 2008. Because of the delay i cost me $ 61 k to defend instead of a much lesser amount.
So the question is: Can I succesfully use the delay as part of evidence of mal prosecution because he NEVER did anything to establish PROBABLE CAUSE other than rely on the fact that there was an underlying WCAB case ?