Desert Hot Springs, CA asked in Employment Discrimination for California

Q: Greetings.. This is in the CA state—

I hired a law firm to represent me in a case of Harrasment, Sexual Harrasment, Discrimination, Whistleblower, Retaliation, Wages not paid , Failure to give breaks. I left on a medical leave since things got bad with my health, seeing Psychiatrist/Psychopharmalogist and Psychologist PHD for months and still seeing them twice per week. I am prescribed over 10 medications. My doctors told me to not work on any paperwork for the attorneys for awhile due to my PTSD, panic attacks and seizures, as well as stress and sleep disorders. The doctors didn't want anything to trigger my health conditions related to work. But now my attorneys are telling me, "Your doctors, psychologist, etc., do not control time limitations and restrictions involved in the civil litigation arena. We must abide by statutes of limitation and are guided by the Code of Civil Procedure" I thought and would think that the civil litigation arena/court will understand, correct? Any feedback is appreciated. Thank you

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2 Lawyer Answers
Maya L. Serkova
Maya L. Serkova
Answered
  • Employment Law Lawyer
  • Orange, CA
  • Licensed in California

A: Your attorney is correct that there are certain civil deadlines that can not be circumvented. Once the case is filed, there are even stricter civil deadlines that your attorney has to deal with. If the attorney misses these deadlines, this can affect your case negatively and an attorney can be sanctioned. Having said that, if you need a brief reasonable time extension ( a few weeks/ maybe even a few months to deal with your condition), depending on the circumstances, courts may grant it but it is not automatic and highly depends on your judge.

Sincerely,

Maya L. Serkova

Tim Akpinar and Brad S Kane agree with this answer

1 user found this answer helpful

Brad S Kane
Brad S Kane
Answered
  • Employment Law Lawyer
  • Los Angeles, CA
  • Licensed in California

A: Your lawyers are correct. A doctor's note that you suffer from a disability will not prevent the running of the statute of limitations or other court imposed deadlines with the consequence that you could lose your opportunity to make your claims in court and recover for your injuries.

Tim Akpinar agrees with this answer

1 user found this answer helpful

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