Legal Question in Civil Litigation in California

In a Medical Malpractice case (a splint that was placed to tight & left little swelling & bruising) settlement,,, if the defendant/counsel refuses to send a Settlement Agreement (after they had agreed to settle in an EMAIL) to the In Pro Per-Plaintiff, and they had refused to have a CCP 664.6 provision in the Settlement Agreement,,,,,,Can Plaintiff sue the Defendant's law firm for Abuse of Process (misusing a settlement procedure), and for Breach of Written Contract/Breach of Settlement Agreement since they refuse to fully cooperate.,,,,, Would they be successful in demurring a subsequent complaint and/or a SLAPP Motion, for a Breach of Written Contract/Breach of Settlement Agreement (subsequent Lawsuit), that would later be filed against them (defendant, defendant's counsel, and their Insurance Carrier), if they don't send a Settlement Agreement.,,,,I know the I can file a Motion To Enforce Settlement in the underlying action, but I would rather file a new lawsuit, this time against the law firm and their insurance carrier, for them playing stalling games (Abuse of Process/Breach of Contract),,,,,I know they can later file a Motion To Consolidate both actions, but do you think it would raise the settlement amount, since there will be 2 separate lawsuits?


Asked on 10/03/14, 9:48 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

I've answered this three times with you here and in private emails. You cannot sue the opposing law firm because they owe no duty to you. I've told you over and over the following steps:

1) Make sure the written settlement agreement is signed by both parties first. Signatures by the attorneys alone are insufficient.

2) Once the settlement agreement is signed by both parties, and only after it is signed by both parties, file a request for dismissal with the court. In the request for dismissal, you need to state that "the court is requested to retain jurisdiction pursuant to Code of Civil Procedure section 664.6."

IT IS INCREDIBLY DISRESPECTFUL WHEN YOU ASK A QUESTION, AND YOU GET AN APPROPRIATE ANSWER, AND THEN YOU KEEP ASKING THE SAME QUESTION OVER AND OVER AGAIN. IT IS DISRESPECTFUL OF THE ATTORNEYS WHO VOLUNTEER THEIR TIME AND IT WASTES TIME THAT OTHER PEOPLE NEED.

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Answered on 10/04/14, 12:57 pm


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