Legal Question in Personal Injury in California

I was rear ended by another party on Sept 11 2008. Their insurance company has accepted 100% responsibility. I was still trying to negotiate a settlement up until just before the 2 year anniversary, when the adjustor for Farmers Insurance said a settlement had to be reached or the case would be thrown out. The 2 year anniversary date fell on a Saturday. The adjustor said I had until Monday, Sept 13, to settle or sue. He emailed me an unacceptable offer on Monday Sept 13. I filed suit that afternoon. The judge now says he needs to see case law supporting it is acceptable to file on the Monday it was filed, otherwise he is indicating he may throw it out for being filed late. Is there any case law supporting the filing of a small claims case in Califonia on the next business day if the anniversary falls on a weekend?


Asked on 11/29/10, 5:08 am

2 Answers from Attorneys
Steven Simons Law Office of Steven A. Simons

Tell the small claims judge to go read California Code of Civil Procedure sections 12a and 12b.. Which provides generally that when the last day to act falls on a Hoiday (Sunday being defined as a holiday) the next business day is when the act must be performed.

Also, if the insurance company stated in writting that you had till Monday tell the judge that you relied upon that and the defendant is bound by any deemed waiver.

If the small claims judge is a pro tem or a commissioner - you may want to refuse to stipulate and ask for a Judge.

Good luck.

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Answered on 12/04/10, 5:32 am
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

This is why you should always get an attorney on personal injury cases.

Good luck.

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Answered on 12/06/10, 6:57 pm


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