Legal Question in Civil Litigation in California

Can a case be splited into two seperated case and filed seperately

I sign a contract with the medical office manager, and I also suffer mal-practice treatment by the doctor, who is the owner of the clinic. I filed a complaint to the comsummer affair. They advise me to filed a complaint in the small claim court for the breach of contract portion against the clinic and the manager, and they will take care the mal-practice case, which is against the doctor. The small claim court award all of the money that I paid to the clinic. But the consumer affair ignore the mal-practice case. So I filed another complaint against the Doctor for mal-practice. The doctor handle my complaint to his insurance company, and the insurance company claims that the case has been settled in the small claim court which I can not filed another complaint against the doctor. My question is: do I have the legal right to file two seperated cases? Why should the settlement of breach of contract can be constitute of accord and satisfaction, that covers the doctor to stay away from his tort liability! I need help


Asked on 2/09/00, 4:44 am

1 Answer from Attorneys
John Hayes The John Hayes Law Offices

Re: Can a case be splited into two seperated case and filed seperately

This sounds like an extremely complicated case. I would need to speak with you in order to determine if you have a right to sue in Superior Court. I would be happy to speak with you. The consultation and phone call are free. My toll free number is 877-546-9918 or you can email me at [email protected] with your name and phone and I would be happy to call you at your convenience. If you do not call me please call someone or you may lose your right to sue if the statue of limitations expires.

Sincerely,

John Hayes, Esq.

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Answered on 2/12/00, 2:35 am


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