Questions About Orange County Rules Of The Court For Personal Injury Cases
Q: I have a friend who was functionally blinded by LASIK, a refractive surgery procedure. She lives in Los Angeles County ... the procedure took place in Orange County. uring the week before the procedure, she received a President's Award for Outstanding Performance from her employer, a Fortune 1000 company, where she worked in customer service. Had the surgery on a Friday ... started on disability the following Wednesday. Her situation breaks-my-heart ... and I know some people who were pretty f***** up by their refractive surgeries ... a little support group we have going. This one "takes the cake" for me. Her current doctors are reluctant to ascribe her vision complications to the surgery. She's talked to some lawyers, who are reluctant to take the case without such an annotation on her medical chart. She ain't rich. I'm trying to help her meet her statutes of limitations for both a Medical Malpractice and a Product Liability lawsuit. In my case, I filed separate complaints, for certain reasons. In my friend's case, in Orange County, I "just" want to help her meet her statutes and totally "pull the rug out" from any objections that could be raised regarding not meeting the statute of limitations for a personal injury lawsuit. In San Diego, an experienced Med. Mal. attorney who helped me told me that maybe 4 of 15 judges in downtown San Diego will just "throw a case out" if the defense raises such objections. I know ZILCH about the judges in Orange County ... I counted about 40 judges at the courthouse. If ~27% of them are "sticklers for statutes" ... well, I want my friend to WIN her case ... the clock is ticking. We met because she heard me interviewed on a KCBS Channel 2 "special" on refractive surgery complications. I also have vision complications following refractive surgery. A friend of hers called the reporter and tracked me down. I am not a lawyer. I'm an engineer. I learn fast ... I'm also acutely impressed by certain exceptionally talented co-workers ... whose strength is imbued by their awareness of "knowing what they DON'T know." In other words, I'm an amateur ... I admit it ... I'm trying to help my friend meet her statutes, and to find lawyers and doctors who can help her, both with her health and in the matter of recovering damages for her injuries. QUESTIONS. 1. In Orange County, for a MedMal P.I. lawsuit, is it proper procedure to issue a 'Notice of Intent to Sue' within the statute of limitations, stating the intent to lodge a complaint with the court within 90 days of the sending of the Letter of Intent ?? This is the situation in San Diego. In my own Med. Mal. case, which I am pursuing In Pro Per, that was the procedure I followed ... apparently 'successfully', since the doctor's attorney's response to my complaint assaulted my complaint, yet made no mention of my case' inadequacy from a procedural point of view. Therefore I infer I followed the 'proper procedure'. 2. I've been to the Orange County Courthouse once thus far, to do some research. I stuck with the Civil Records department ... didn't have time to look for a library. Is there a library there in that same complex on Civic Center Drive in Santa Ana -- if so does anyone know the phone number ?? 3. For a Product Liability Personal Injury case, in San Diego the statute of limitations is '1 year from the time of injury or when the injury was first diagnosed.' I am operating under the same assumption for Orange County. Is this assumption correct for Orange County ?? 4. What is the "time to serve" in Orange County ?? In San Diego, it's 60 days from the date of the complaint filing. By "time to serve", I mean, how long do you have to file the Proof of Service ?? 5. I note that a "Certificate of Assignment" is required in Los Angeles County. Does this also apply in Orange County ?? In San Diego I served the following items in my Med Mal case ... * Cover Sheet/ Notice of Case Assignment (a sheet tying together in one place the names of the Plaintiff, Defendant, Judge, and case #.) * Summons * Complaint * Statement of Damages Is a "Certificate of Assignment" the equivalent of a "Notice of Case Assignment" ?? Or are they 2 separate items that need to be served ??