In the letter, Heller writes to prosecutors Terry White and Spencer Hart … “… we, as a team, [can] help ‘fix’ Lindsay Lohan.”
Heller goes on to blame Lindsay’s troubles on her dysfunctional family, claiming you can’t judge her “without considering the pain, torment and confusion which Lindsay has experienced and has been afflicted with.”
Judge Sohigian told Lohan’s civil lawyer, Julia Azrael, that the actress faces more possible sanctions if she does not show up for the deposition at Steiner’s Beverly Hills office on Camden Drive. The possible measures include preventing Lohan from asserting some defenses at trial or setting in motion proceedings that could lead to the actress’ default, Sohigian said.
Azrael made a very sad acknowledgement, that she could not guarantee Lohan will appear. She told the judge she was willing to have a date set based on her own personal calendar, then hope her client will agree to it. Azrael said she has talked with other Lohan attorneys to try to get the actress’ cooperation. However, Judge Sohigian said Steiner “doesn’t want to be horsed around” and that now is the “appropriate time for a concrete arrangement.”
Steiner said afterward he is not entirely confident Lohan will follow the court order. “I have my reservations,” he said.
Balyan alleges the 26-year-old Lohan’s driver, Paola Demara, ran into him in Hollywood two years ago as he was taking photographs of the actress. He is claiming medical expenses of about $16,500.
Steiner said the vehicle was a rental car and that Lohan, sitting on the passenger side at the time of the accident, had the best view of what happened. Steiner, on behalf of Balyan, filed court papers Feb. 1 with Sohigian stating that he had served notice to the actress’ lawyers in December asking that she be made available for a deposition Jan. 31.
Lohan’s lawyers replied on Jan. 30 that it was their “understanding” that Lohan was “out of the state,” Steiner’s court papers state.
Steiner said the information about Lohan not being in California at the time was inaccurate. In his court papers, he stated that Lohan was in a Los Angeles courtroom Jan. 30 to face a judge regarding criminal allegations stemming from a car crash last year. “Rather, as was apparent to anyone watching Los Angeles local news on Jan. 30 (Lohan) was in Los Angeles to make an appearance for her pretrial hearing on three misdemeanor charges involving a motor vehicle accident on Pacific Coast Highway in June,” Steiner’s court papers stated.
Steiner said Lohan could have attended her deposition the next day after all.
“As it appears that (Lohan) is simply playing games, including making misrepresentations to plaintiff’s counsel concerning her scheduling issues, an order compelling (her) to appear for deposition is necessary and must be compelled by this court,” Steiner’s court papers state.
Balyan filed suit in January 2012. He has named both women and Lohan’s company, Crossheart Productions Inc. He wants damages for lost wages, medical expenses, property damage and lost earning capacity.
Balyan alleges the car bumped and injured him on Jan. 10, 2010, outside a club on Cahuenga Boulevard in Los Angeles.