Legal Question in Civil Litigation in California
I filed a personal injury case in Superior Court (Unlimited) against my property management company cause they improperly maintained the community and I was injured as a result of their negligence.
We are in the early stages, and I have not served them yet. The court has a CMC hearing for 3 months from now.
Their Insurance claims adjuster offered me $9,000 as a settlement for me to drop the lawsuit. I declined and want $20,000.
Now, negotiations have stalled.
My brother, who is aware of these settlement negotiations, told me that there is another different and unrelated big tort that this same defendant (property managing company) has committed against me, but my brother wont tell me what it is, cause he knows that the statute of limitation does not commence until I find out what it is.
He has photographs and his own witness testimony to prove it, but wont tell me and wont show me nothing.
My brother told me, to tell the Defendant's claims adjuster, that if they-defendant/adjuster dont pay me the $20,000 that I want, then he'll (my brother), wait till this current lawsuit/settlement negotiating is over, and then tell me what the new tort is afterwards, so that I can sue the same defendant with a newer allegation, in a new and 2nd lawsuit.
But If they agree to pay me the $20,000, then my brother will tell me what this big tort is that was made against me, so that I can add that as a release of claims too, in the settlement agreement of $20,000.
I dont think Res Judicata and/or Collateral Estoppel would apply, cause the first issue were not fully litigated, and this is a different newer tort, and my brother wont tell me, until Defendants agree to pay more.
Is that legal, what my brother is doing, cause he's under no obligation to tell me what the new tort is, but is using it as an extra negotiating bargaining chip to help me get a bigger settlement.
Is that extortion?
and would defendants be able to somehow demurrer/MTS this new allegation in a 2nd lawsuit (if I sued them again), even though I repeatedly tried to get my brother to tell me, and I asked neighbors if they new something about this new tort and they all said no.
So there was due dilligence on my part to find out, but I couldn't.
5 Answers from Attorneys
Statutes of limitations run from when you know OR though the exercise of reasonable diligence COULD know of the tort. Since you could subpoena your brother and his photographs in the present suit, the limitations period is running. Like so many lay people who think they can game the law, your brother is foolishly playing a game that he and you are sure to lose, because neither of you really understand the law. If you try to take your little game to the claims adjuster they will do one of two things, laugh behind your back or laugh in your face.
I agree that the insurance company will summarily reject your position, and that your brother is incorrect on the law regarding the statute of limitations.
You need to consult with a lawyer to find out what other claims might exist. Since your brother is incorrect on the statute of limitations issue, he could also be incorrect as to the existence of another claim. On the other hand, if the claim is obvious to your brother, it should be obvious to a skilled attorney as well. And if the claim is as big as your brother claims, why would you settle for $20,000?
Your brother has no legal obligation to tell you anything. You are responsible for getting the appropriate assistance to figure this out yourself.
Bad advice from your brother. He is not a lawyer. If you rely on his advice you will end up with nothing. Most torts are pretty obvious eithervthe intentionally wronged you or failed to follow some reasonabile duty of care that caused damages. You should have a god idea of how you have been wronged... If it is that big you would somehow be upset over it
"My brother... told me that there is another different and unrelated big tort that this same defendant (property managing company) has committed against me... He has photographs and his own witness testimony to prove it, but wont tell me and wont show me nothing"
This sounds ridiculous or is an attempt at insurance fraud/abuse of process.
Your brother is a moron. You don't get to sue the same defendant over and over again. You have to bring any and all claims that you have against the defendant now, not later on in a piecemeal fashion. Any further lawsuits would subject you to sanctions, and there is a chance you could get your name on the statewide vexatious litigant list.
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