Joinder of Defendants & Contribution (California)

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Joinder of Defendants & Contribution (California)

Postby lacompfun on Sat Nov 19, 2016 9:42 am

Scenario:

1. Defendant one settles a denied cumulative trauma case C&R. CT time period is about 10 years with multiple carriers. C&R was more than 6 years since DOI end of CT. Defendant one is not the terminal carrier.

2. For about two years post C&R not much happens. Eventually set for a lien conference.

3. The Defendant one who handled the CT claim realizes ( once assigned to outside defense counsel) they might be able to bring in other defendants to help litigate / liability on liens.

Questions:

1. Is there a Statute of Limitations for Defendant one to file a Petition to Join the other Defendants?

IE When post C&R, like 5 years from DOI or one year post C&R.

2. Is Defendant one precluded from Contribution from the other Defendants?

They are late on the C&R, but what about liens?

IE can Defendant one join other Defendants.... Lien trial.... then Petition for Contribution filed within a year of the lien trial.... collect the amount due from other defendants on amount paid to lien claimants...
lacompfun
 
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