Legal Question in Criminal Law in California
possible assaut/unethical business practice
I received a phone from the dentist office. The lady stated my wife's insurance would not pay for one of the procedures. I blurted out Jeus Christ. Why, because I had been told several times by Joe, another office worker that all was okay. She hung up the phone. I went to the office to talk to Joe. I asked who called me and he pointed to a lady. Joe and I were talking and she interrupted. I asked to stay out-of-it. Joe and I were discussing this clamly. He was about to give me a phone number of who to call when the door opens and a fellow states,'' Is the guy here who was yelling at my wife?''. I said I'm he but I didn't yell at your wife. He walked toward me with his finger in my face and said don't yell at his wife: that she was ''crying''. He continued to verbally harass me. Then a lady asked him to leave. Do I have any recourse in this matter against the office and/or the man who threatened me? I never yelled at the lady. I only asked her to stay out of our conversation since she had hung up on me earlier.
1 Answer from Attorneys
Re: possible assaut/unethical business practice
To qualify as an assault the husband's actions would have had to made you reasonably fear physical harm. You haven't said that you thought he was going to harm you, and even if you did I'm not sure such fear would have been reasonable under the circumstances. There appears to be no basis here for a criminal charge or a civil suit.
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