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There's nothing worse than receiving a tort claim or lawsuit and you know, with certainty, that your agency had nothing to do with the alleged incident. Moreover, you look at the list of defendants and you notice that the plaintiff attorney has taken a shotgun approach and simply named every person and entity at, near, or next to the incident location. 

The first thing that goes through your head is "what a waste of time, energy, and money" this will all be. 

The second thing that goes through your head is "how do I make this pain stop?"

Plaintiff attorneys - particularly the lazy ones - are using the shotgun approach to litigation now more than ever. At best, they want someone else to eliminate defendants so they don't have to make that decision. At worst, they believe they can use the claim or lawsuit to extort nuisance money from you. 

In today's episode, we'll talk about the shotgun approach to litigation, in general, and specific ways to counter such an attack. We'll also talk about the type of letter that can be sent out immediately upon receipt of a claim or lawsuit that alleges an incident that your entity has nothing at all to do with. 

In this episode: 

• The shotgun approach to naming defendants 
• The use of declarations of non-ownership 
• Counter-attacks using California Code of Civil Procedure § 1038 
• Counter-attacks using California Code of Civil Procedure § 128.7 

THE FINE PRINT This podcast is for general information only and not intended to be legal advice nor the formation of a lawyer-client relationship. The views, information, and opinions expressed on our podcast are Scott’s and do not necessarily reflect the policy or position of any other person, agency, organization or company. Finally, we know that a few dastardly plaintiff's lawyers will get their hands on this. So . . . let's be clear: Don't even think of using the information in this podcast to sue public agencies because this podcast is not intended nor shall it be construed to give any person any legal or equitable rights, remedies or claims. 

Music: ”Dangerous" Kevin MacLeod (incompetech.com) Licensed under Creative Commons: By Attribution 3.0 License http://creativecommons.org/licenses/by/3.0/ 

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