Legal Question in Civil Litigation in California

Unlicensed auto mechanic damages car. threatens car owner with bodily harm etc. later commits hit and run. car owner filed required police report.

Mechanic hires attorney to defend Bureau of Automotive repair complaint, found in violation, Also city code enforcement find violation, now car owner tries to settle damages with mechanic, attorney is claiming extortion for filing police report.

and refusing to negotiate settlement, offer any compensation damages exceed 30,000,00 for car. Mechanic threatened car owner. Car owner is injured in hit and run

During settlement negotiations (emails) attorney threatened car owner and tries to intimidate car owner to stop pursuing collection for all claims.

Can attorney introduce settlement instructions discussing required accident report to defend mechanic and raise extortion claim as defense? or worse have car owner charged/convicted of it for merely discussing it during negotiation as possible proof of mechanic attempting to carry out threats?


Asked on 8/14/11, 6:34 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

If you threatened to report the matter to the police unless he paid you, that could be extortion. Settlement discussions involving discussion of an illegal act probably are not protected. If the police report was filed before any settlement discussions [and if required by law and to defend yourself against suit] then you should be safe. If in the hit and run he received a felony conviction [more than one year in state prison] you may be able to recover your attorney fees. What assets does he have, his business? It sounds as though you need an attorney to protect you from the other lawyer and get a higher settlement. Have you made a claim through your own insurance company?

I certainly could handle this matter; you can contact me to discuss it further [no charge]; 510-441-2684 or [email protected]

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Answered on 8/14/11, 6:56 am


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