QUESTION
Will plaintiffs refusal to settle harm them in a lawsuit?
Asked on Jun 11th, 2014 on Breach of Contract - California
More details to this question:
I'm being threatened with suit for nonpayment on a commercial lease. I've given up possession of the property and stated multiple times I'll pay the damages set forth in the lease agreement. The landlord has ignored this, isn't responding to my attempts to settle the matter and is simply insisting to take the issue to court. I'm not trying to negotiate or ask for a reduced settlement, I simply want to pay damages and be done with the issue. Will this carry any weight in court?
1 ANSWER
That depends on what you mean. It may influence the judge/law clerk that you are being reasonable, which may cause him/her to pressure the other side to settle. However, if the matter goes to trial, the jury will never hear that you offered to settle.
In most jurisdictions, there are procedures for this type of situation. For example, in some states there is a rule which generally provide that if the defendant makes a formal offer to pay a certain amount and the other party refuses to settle and then does not obtain a higher judgment, the party that refused to settle would be liable to pay the other party's additional attorneys' fees. You should check out the California rules on this subject and may find a provision which you can use.
Answered on Jun 12th, 2014 at 3:16 PM