Contra Costa California Sample Letter to Opposing Attorney Declining Settlement Offer

State:
Multi-State
County:
Contra Costa
Control #:
US-0014LTR
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

Dear [Opposing Attorney's Name], I hope this letter finds you well. I am writing to address the settlement offer you presented during our recent negotiations for the [case name/number]. After careful consideration and consultation with my client, I regret to inform you that we are declining the proposed settlement offer. Contra Costa County, California, where this case is being litigated, is a vibrant and diverse region located in Northern California. With a population of over a million residents, Contra Costa County is known for its beautiful landscapes, thriving communities, and strong legal system. As representatives of our respective clients, it is our duty to ensure their best interests are protected. While we recognize the time and effort you have invested in formulating this offer, we believe it falls short of adequately reflecting the damages and losses suffered by our client due to the incident in question. In assessing the settlement offer, we took into consideration various factors such as the extent of our client's injuries, medical expenses, potential future medical treatments, lost wages, pain and suffering, and emotional distress caused by the incident. We firmly believe that a fair and just resolution should adequately address these damages and provide appropriate compensation to our client. Moreover, upon examining similar cases in Contra Costa County, we noted that the settlements reached in comparable circumstances have been significantly higher than the amount proposed in your offer. This reinforces our belief that our client deserves a higher settlement that more reasonably reflects the magnitude of their damages. While we understand the desire to avoid protracted litigation, we firmly believe it is in our client's best interest to continue pursuing this case through trial if an acceptable settlement offer cannot be presented. Our client is fully committed to seeking justice and enforcing their rights to the fullest extent. In light of the above, we kindly request that you reconsider your settlement offer and provide a new proposal that more appropriately addresses the damages and losses suffered by our client. We are open to engaging in further negotiations to reach a fair and amicable resolution. We hope that both parties can collaborate in good faith to reach a satisfactory outcome and avoid the need for a trial. However, if this is not possible, we are fully prepared to proceed with litigation to ensure our client's rights are protected. Thank you for your attention to this matter, and we look forward to your prompt response. Sincerely, [Your Name] [Your Law Firm's Name] [Your Contact Information]

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FAQ

This letter should state:That you will not accept the initial settlement offer;The reasons why you feel you deserve a higher settlement amount;Each of their low-offer reasons, and your responses;The higher settlement amount that you will accept.

An opposing motion is a motion made seeking to have the request made in the opposing party's prior motion denied. The opposing motion will attempt to persuade in favor of the prior motion's denial by means of factual and legal arguments, and may supply supporting documents, affidavits, or other evidence.

Opposition: papers filed by the opposing party to object to a motion. Deadline to file: nine court (business) days before hearing. Service must be by personal service or overnight mail on the day you file. Reply: optional papers to respond to the Opposition.

You must include a summary of the legal basis for your opposition, explain the reason you are opposing the motion, and state what you would like the judge to order.

Prepare Your Counter-Offer The letter should include: A summary of the initial offer that was sent to you and explain why that was too low or not fully representing your injuries and costs.. Research and calculations to validate why you think it is too low. (i.e. the sum of special and general damages).

You cannot appeal the judgment against you. You must file the appeal within 10 days of the judge's decision. To file the appeal. Get a form called Notice of Filing Notice of Appeal from the small claims clerk.

How to vacate your judgmentFill out a Notice of Motion to Vacate Judgment and Declaration (Small Claims) (Form SC-135 ).File it with the small claims court clerk.Pay the filing fee. If you cannot afford the fee, ask for a fee waiver.The clerk will give you a date for your hearing.

The deadline for opposing a section 473 motion to vacate a judgment in California is at least nine (9) court days before the hearing and the opposition should be served by personal delivery or overnight mail under the provisions of Code of Civil Procedure section 1005.

If a defendant refuses to produce documents or witnesses for depositions, you can oppose the summary-judgment motion by submitting your declaration and showing that facts essential to justify your opposition may exist but cannot for reasons stated be presented to the court.

Steps to Respond to a Low Settlement OfferRemain Calm and Analyze Your Offer. Just like anything in life, it's never a good idea to respond emotionally after receiving a low offer.Ask Questions.Present the Facts.Develop a Counteroffer.Respond in Writing.

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N. the right of each attorney in a jury trial to request that a juror be excused. Service shall be complete on the day of the last publication.Attorney bar associations and courts. Judges, prosecutors, defense attorneys, and correctional authorities so that the system of criminal justice can im- prove its ability to control crime. Settlement letters are technical, legally complex documents. In California, a 998 offer is a cost-shifting mechanism to encourage settlement. Residents from the county and beyond objected to a proposed Islamic community center. How much money can you expect in a car accident settlement with GEICO in Maryland. Of the eviction, Silver, offer them to your tenants.

The city's attorney-at-law was a former police officer in Dallas and a member of the City Council. A law was passed at the end of March 1933 that made it a crime to be a member of the Communist Party in Washington, D.C. A woman is suing her insurance company, for refusing to pay her claims, while another woman is suing her mortgage companies for refusing to pay her debts. The law also allows you to claim the money from the mortgage companies and get what's called a “refund.” A man claims a bank sent him a letter telling him he could pay his bills, or it would foreclose but after 10 months, was unable to do so. He is suing his bank, and has had problems keeping his payments up lately. The money he sent the bank was in the form of a check and was not the correct amount to repay them. The bank is refusing to accept the claim because it wasn't cash. The judge agreed with him and said he should be paid the money. What is a “no knock” ordinance?

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Contra Costa California Sample Letter to Opposing Attorney Declining Settlement Offer