Lien trial and partial bill (California)

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Lien trial and partial bill (California)

Postby lacompfun on Fri Jul 21, 2017 12:39 pm

Scenario:

1. Case goes to a lien conference and the matter is set for trial on a balance of $ 12,000 claimed. Defendant already paid $ 5,000.

2. The parties show up at trial and the lien claimant says oh there were other dates of service we forgot not paid .... another $ 7,000.

Question:

1. Is the lien claimant precluded from litigating the $ 7,000 other dates of service?

Ie it should have been included as at issue on the PTC statement...
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Re: Lien trial and partial bill (California)

Postby LawAdvocate on Fri Jul 21, 2017 12:53 pm

Uh, yeah they are precluded from litigating those dates - as they asserted that only a certain period was related to their current lien as the issue to be tried.

Discovery closes as an operation of law at a Lien Conference - done and done. List it all with specificity or don't litigate it.
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Re: Lien trial and partial bill (California)

Postby lacompfun on Fri Jul 21, 2017 1:11 pm

If somehow the judge says oh their is a balance revise the PTC statement..... Defendant's remedy would be Removal?
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Re: Lien trial and partial bill (California)

Postby LawAdvocate on Mon Jul 24, 2017 11:23 am

Yep, removal is your remedy any time a judge denies your due process.
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Re: Lien trial and partial bill (California)

Postby vampireinthenight on Mon Jul 24, 2017 12:55 pm

If it is all done as part of the award, you might need a recon. For instance, sometimes the WCJ defers ruling until the final decision.
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Re: Lien trial and partial bill (California)

Postby lacompfun on Tue Jul 25, 2017 11:43 am

Law Advocate and Vampire.. excellent points... thank you...
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Re: Lien trial and partial bill (California)

Postby lacompfun on Wed Jul 26, 2017 7:17 pm

Any know major cases on this subject?

If so please advise...

I suspect this has occurred before on other cases...
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