Being Sued Over "Alleged" Verbal Agreement

[NeedHelp80]

What is the name of your state? CA

We lived with a roommate, and we both had dogs. Mine was on a leash inside the house, hers was not. She insisted that she hold my dog while I run outside, I told her no, i wanted to put her back in my room because her dog was running around the living room growling and trying to go after mydog. She kept insisting, so I said fine. Make a long story short, her dog was behind her trying to snip at my dog (which was in front of her in her lap) my dog tried to jump over her to go after her dog, and her tooth cut her cheek open, didn't bite her, but her tooth cut her cheek, to where she had to get stitches. We told her that we'd pay for her doctor bill that night. I had to pay $300, eventhough I don't think I should've because I warned her and I told her it's on her. Two years after the fact, she text's me, not calls me, telling me that we are going to pay for her plastic surgery bill. And that we agreed to pay her doctor's bill, so this counts. I told her I offered the suture bill, which I did pay in full, and nothing else. So, now she is going to take us to court to get the money. She went to the Plastic Surgeon and had some stuff done (it's a little scar on her face now that is about an 3/4 inch long, and not even noticeable)>
Does she have a case? We never agreed to pay for a plastic surgeon. Insurance doesn't cover that and neither do we! Help!

 

[Zigner]

What is the name of your state? CA

We lived with a roommate, and we both had dogs. Mine was on a leash inside the house, hers was not. She insisted that she hold my dog while I run outside, I told her no, i wanted to put her back in my room because her dog was running around the living room growling and trying to go after mydog. She kept insisting, so I said fine. Make a long story short, her dog was behind her trying to snip at my dog (which was in front of her in her lap) my dog tried to jump over her to go after her dog, and her tooth cut her cheek open, didn't bite her, but her tooth cut her cheek, to where she had to get stitches. We told her that we'd pay for her doctor bill that night. I had to pay $300, eventhough I don't think I should've because I warned her and I told her it's on her. Two years after the fact, she text's me, not calls me, telling me that we are going to pay for her plastic surgery bill. And that we agreed to pay her doctor's bill, so this counts. I told her I offered the suture bill, which I did pay in full, and nothing else. So, now she is going to take us to court to get the money. She went to the Plastic Surgeon and had some stuff done (it's a little scar on her face now that is about an 3/4 inch long, and not even noticeable)>
Does she have a case? We never agreed to pay for a plastic surgeon. Insurance doesn't cover that and neither do we! Help!

Exactly how long ago did this happen?
Has she already filed suit? If so, when?

 

[seniorjudge]

Exactly how long ago did this happen?
Has she already filed suit? If so, when?

And how much is she suing for?

The answer to whether she has a case is whether the judge thinks she does.

If you lose, most states allow one appeal (at least) from a small claims judgment.

 

[NeedHelp80]

It happened in November of 2005 I think, Or it was December. Her first Plastic surgery bill was for $500 and she said she is going to go again. She hasn't sued yet, she is threatening. She just brought it to our attention a few weeks ago, and threatened lawyer action yesterday. I don't know any person in their right mind that would offer a plastic surgery bill to pay. Let alone, wait 2 years to talk about it. We were squared away when I paid the final installment of the suture bill.

 

[NeedHelp80]

oh and she just went to the plastic surgeon last week.

 

[dcatz]

I’ll leave it to him to comment, but I suspect that Zigner asked you because, in CA, you’re flirting with the SOL on both an oral contract and a personal injury claim, when you say “two years”.

You’re referring to a verbal agreement but, if it’s a contract, where’s the consideration? If it’s framed as personal injury, liability has yet to be established. If it becomes adversarial, you did a nice thing for a roommate (out of altruism or guilt or some other motivation is irrelevant), but she would have to establish that you are legally obligated or liable for any surgery that is normally considered “elective”.

And attorneys are not permitted in CA Small Claims, so she has to pay a healthy retainer to pursue it in a higher forum via “lawyer action” or do it herself in a higher forum or Small Claims.

 

[Zigner]

Yes, I was thinking along the lines of an SOL defense for the personal injury (IMO this isn't a contract dispute). However, this happened less than 2 years ago, so no luck there.
If she sues you, you will be defending yourself against a negligence claim relating to your dog. From your post, it sounds like you wouldn't have too much to worry about though.

 

[NeedHelp80]

Thank you so much for all of your help. I was curious about the statute of limitations as well. I didn't think that obligations for an elective surgery would hold much water. But, you never know these days. Thank you everyone!! I have been stressing over this, and my 8,000 dollar hospital bill from just having a baby!!!!
in which case...I had to go to a wound care center because my c-section busted open a few days after I got out of the hospital. they said each time i went in it was $700 a visit (they told me this 2 months after I was done). I asked to tell me for what, and the stuff they told me, they didn't even do...any opinions on what to do next???

oh, what is the SOL in CA? 2 years?