Legal Question in Civil Litigation in California

More info to party 1 (insurance co) and party 2 (myself). I (party 2) am being sued for breach of contract between an insurance company and a lawyer who falsely represented himself as my fathers attorney. Lawyer is also claiming punitive damages. A $5,000 med pay check was issued to my father and lawyer, his attorney. There is no contract. I was not aware of party 1 being sued. Father died in 2011 not related to the fall which the insurance company issued the med pay. Lawyer claims it is a settlement check. I (EOE) had insurance co make the check out to the estate and not the lawyer since there was no valid contract. Is it ok that I was never notified about this lawsuit until party 1 settled? Suit was only for $3,000 for lawyer fees and experts which he could not show proof of. The settled for $1,500. Lawyer has no contract showing fee schedule and refused to bill the estate before it closed.


Asked on 12/27/14, 7:09 pm

1 Answer from Attorneys

The lawyer may or may not have a valid case, but as I told you the first time, the fact that he settled with the other party before serving you is irrelevant to the validity of the case against you.

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Answered on 12/28/14, 3:02 pm


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