Legal Question in Criminal Law in California

What do you think

In 2004 I was arrested for stealing from my boss. He accused me of stealing $400,000 & filed criminal charges against me. After an investigation the DA realized the amount claimed was in excess. The DA required I plead guilty to $200k & pay restitution of $100k, which I did under duress to avoid prison & putting my child into foster care. At the same time as my settlement to repay $100k (1/2005), I was told my ex boss had already filed an insurance claim to collect the money. My attorney asked the judge if we should make the payments to the insurance company since my ex boss had already received payment. The judge said he would leave it to Mr.__ to do the right thing. I finished paying the $100k in 1/2006. Now 2 /12 years later I've heard that my ex-boss's insurance co is looking for me to serve me with a summons for $453,000-double the amount found to be true. Can they come after me for more than is true? What about the $100K I paid. I have not been served yet, but that's just a matter of time - I'm on probation and not hard to find. What if I never get served? It was over a month ago when I heard they were looking for me.


Asked on 5/11/07, 5:14 pm

1 Answer from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: What do you think

Initially I would say that if you are sued for indemnity, then to join the employer. It would take a creative complaint however, as in negligence the defendant owes a duty to the plaintiff. Here whether or not the employer owed the duty to you to remimburse the insurance company may be a contested issue. Furthermore the employer did not have a contract with you to pay the insurance company. Therefore, your action would need to be in equity based upon the employer's unjust enrichment. Call me directly for assistance to see if this can't be nipped in the bud .

Read more
Answered on 5/11/07, 6:21 pm


Related Questions & Answers

More Criminal Law questions and answers in California