Legal Question in Civil Litigation in California
If Plaintiff sued a company for personal injury and then, the company's insurance Carrier along with their proposed defense counsel (that has yet to appear) admit to Plaintiff's allegations at first, and then lies to Plaintiff denying Plaintiff's allegations in a simple letter, before they're served (after Plaintiff gave them Notice of Action Filed), does Plaintiff have grounds to sue and add the Insurance company and the defense counsel, in the same action, for Fraud and Conspiracy to commit Fraud, since both are covering up the incident with their lies? or would they have grounds for Anti-SLAPP, "litigation privilege" CC 47, etc. with a Special Motion To Strike/Special Demurrer (in which attorneys fees are warranted)?
1 Answer from Attorneys
No. The party to a personal injury lawsuit is the person or company that caused the injury. You cannot sue the insurance company and/or the defense attorney. You'd be asking for a lot more grief than you'd be able to handle.
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California Civil Code Section 1590 states: "Where either party to a... Asked 4/14/15, 11:08 pm in United States California General Civil Litigation