By Walter Whitman Moore
How can you fight back against a frivolous lawsuit?
In California, your lawyer can ask the plaintiff to admit, in writing, that each of the false facts alleged in the complaint is, in fact, false.
Sounds idiotic, huh? After all, you know that the plaintiff and his lawyer will, of course, refuse to grant the requests. Their case is built on those false allegations.
But here's the good part: if you hang in there and fight for your rights rather than paying them "shake-down" money to go away, then when you win at trial, you may -- repeat, "may" -- recover all or nearly all your attorney fees from the plaintiff. That's because California law lets the Court award you the attorney fees that you incurred to prove the false facts that the plaintiff insisted were true.
There's more: if the plaintiff has sued you under the Labor Code, you may also recover your fees if the Court finds that the lawsuit was frivolous.
The "bottom line" is that you don't have to surrender to a "shake-down" lawsuit. You can fight back.
Walter Whitman Moore is a trial lawyer in Beverly Hills. His website is LicensedToSue.com.