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ALJ says "ABSOLUTELY NOT" (California) (California)

PostPosted: Thu Mar 05, 2009 1:51 pm
by steve appell
ITEM:
Both def & lien claimant yesterday at trial requested a joint continuance.......in NOCAL.
The ALJ said "Absolutely not. Your going to settle today or going to trial today."

REACTION:
How refreshing !

PS:
This was not my case.

Re: ALJ says "ABSOLUTELY NOT" (California) (California) (Califor

PostPosted: Thu Mar 05, 2009 1:52 pm
by steve appell
Mistake

Re: ALJ says "ABSOLUTELY NOT" (California) (California)

PostPosted: Fri Mar 06, 2009 1:35 pm
by jpod
Was it San Jose?

Years ago the PJ told a lien claimant flat out, you will not get any calendar time for your dispute go outside and settle. The dispute was over the billing which I considered excessive. I had paid the usual and customary fee for AME interpreters and would not pay anymore, in fact I would be demanding return of funds paid.

The interrpeter, I had learned, was the applicant's attorney's sister, and yes the fees were for an AME exam. Once outside I told the interpreter to have a nice day and that I considered the matter closed.

Re: ALJ says "ABSOLUTELY NOT" (California) (California)

PostPosted: Fri Mar 06, 2009 3:20 pm
by steve appell
Hi Jpod !
Feel free to send me a "PM" for the specifics. However, the main point I was addressing was the difference between NOCAL & SOCAL.........Unfortunately in SOCAL, a continuance is more the rule than the exception.

Re: ALJ says "ABSOLUTELY NOT" (California) (California)

PostPosted: Sun Mar 08, 2009 1:15 pm
by rbaird
Good yarn, Steve. Sometimes I took a hard line on lien trials, sometimes I would grant a continuance (underscore) for good cause shown. A lot of people don't understand the complexities of good calendar management, but it is one of the factors supervisors look at, particularly if someone goes to a PJ with a tale of woe or if the WCALJ buys himself or herself a recon, whether or not the initial call was "right". There is a difference between practice between the South of the Tehachipis and the North but that's a topic for another day. (By the way, before I retired, I think I got pretty good at getting settlements in these cases, although JPod's case is not the kind that can readily be resolved short of a decision.)