Playing With Sharks Part 10 - And That Is How You Do That

"To Defeat The Enemy At Trial Without Fighting At Trial Is The Acme of Skill" - Sun Tzu, Esq  (attributed, probably).

Got to the courthouse all prepared and ready to rock.

Client was there, the two pro per parties appeared soon afterward.  Always good to be the first in the courtroom.

Gave the opposing parties a copy of my trial exhibits binder, and they gave me theirs so at least they knew to have that ready.  Many a tree had lost its life for both sides' exhibits. I had 36; Pro Per Plaintiff had 91; and Pro Per Third party Defendant had 24.

The clerk asked if we were ready, and I said we had some preliminary matters to get through before trial but otherwise we were good to go.

Preliminary matter 1:  Needed to get the order entered barring Pro Per plaintiff Spouse, who was Pro per third-party Defendant from testifying to everything she refused to testify to at her deposition.  They had been holding this up with a frivolous objection.

I won that argument handily, as in epic happy-smackdown. No testifying by her on anything she refused to testify to in her deposition. Point one to me.

Then Plaintiff stated his doctor might be available after all by phone at 9:30 or 11:00.  

I stated I had no objection to his doctor being called out of order if necessary to accommodate his schedule. But, I noted Plaintiff's subpoena of his own doctor said live testimony, the Court had ordered all witnesses to be live to give testimony, and I had concerns about being able to effectively cross-examine him if this was going to be by phone.

The Judge noted that was a very good point.  

Point two to me.  Trial Pinata Mode was well and truly getting started.

The judge then offered all sides to meet with his staff attorney to discuss possible settlement. Note that the offer, while stated as an offer, was clearly conveyed as an order.

And so we met with the Judge's attorney separately in the jury room. The attorney, like the judge, is a very smart individual.

I stated my client really didn't want to settle as the medical records all showed Pro Per Plaintiff couldn't prove his damages, that it was highly questionable if he even had any damages.  I also noted he had a key problem as he actually did not have any admissible evidence that there even was the alleged mold at the premises. On top of that, he seemed unable to actually get his experts in to testify.

Judge's attorney asked if I could get my client to pay any money to settle and I stated I didn't think so as the evidence was so strongly against the Pro Per Plaintiff and she's had to pay too much already to defend the case and she was a semi-retired person without buckets of money.  

He noted my demand for attorneys fees against Third Party Plaintiff, if we succeeded and dismissed Pro Plaintiff's claim, was risky.  I agreed as it's somewhat atypical and normally each side pays for their own fees. But, I did have legal grounds to make the argument but it was obviously not a slam dunk and indeed was a reach, but a carefully argued and legally persuasive reach.

He then talked with them.

He then came back and I followed him back to the jury room alone.

"They've agreed to drop their claims completely if you drop going after her for attorney's fees from the case."

And just like that, it was over.

We went on the record and they dismissed with prejudice any claims either of them could have had against my client from the beginning of time to today, and my client dismissed any claim against them from the beginning of time to today.

I had won the trial without even having to go to trial.