Legal Question in Civil Litigation in California
When I personally served a law firm with a Notice of Intent to Sue Letter, one of the founding partners of that firm, quickly told me to go inside an office nearby, closed the door and threaten me with a cross-complaint and he then told that he's gonna make my life a living hell.
With those threats, would that toll the Statute Of Limitations?
because, I've read that the S.O.L. can automatically be tolled when the defendant interferes, such as fraud, and concealment.
The fact that the person made threats (which could be considered illegal and possibly criminal threats), that could be considered a form of interference by defendants' conduct. Would that toll the S.O.L.?
6 Answers from Attorneys
tacky but not illegal and not likely to toll the sol
Why was the Notice of Inttent served on a law firm?
That was my question, personally serve an intent to sue?
Cross complaints are a distinct possibility. You want to due, be prepared for the consequences. Are you ready for the demurrers, the motions for summary judgment, the answer of cross complaints? If not you ought not sue.
I agree with Mr. Green. If you can't run with the big dogs, stay on the porch. And to answer your question, no, that would never toll the statute of limitations.
would that toll the Statute Of Limitations
Of course not.
considered illegal and possibly criminal threats
No.
If you don't already know the answers to those kinds of questions, you aren't likely to know what to do when the case defense starts pounding on you.
BTW: those weren't 'threats', they were explanations of the facts of life in litigation.
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