Legal Question in Criminal Law in California

I was attacked by a former employer after winning a labor lawsuit

The results were about 3k, however, during the court hearing with the labor commissioner, I told my former employer I could tell all his ex-employees that the could do the same. We were both notified on a Saturday that I had won penalties and what I said in the courtroom WAS true. I know alot of ex-employees of him and the total losses could have been 100k +. Sunday night his general manager showed up at my home around 11pm and pulled me out of my home and the three of them beat me while saying things 'heres your penalty' and other related things.

The GM is out on $125K that I think the employer put up. The other two are still on the run. The police are taking the side of the employer, I had to call them the next day to ask them to please arrest the GM. When the cop got to my house, he told me he 'really didn't WANT' to sarrest him, I asked why? His answer....was that he had such a repor with the business.

The local newspaper has been getting the runaround and my faith in the D.A here is dwindling.

Can I get a change of venue?

It's a 'good ole boy' town. During the prelim, the arresting officer sat with the defendant and his family, then walked them to their vehicle, laughing and having a great time.

Thank you.


Asked on 6/30/08, 4:46 pm

3 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: I was attacked by a former employer after winning a labor lawsuit

Get a restraining order and sue for assualt and battery. Contact me directly.

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Answered on 7/02/08, 5:11 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: I was attacked by a former employer after winning a labor lawsuit

You have a golden new lawsuit against the employer, and everyone involved, but you will need to call, and retain, a lawyer in your community. If the first lawyer you contact doesn't sit right, call another, and another.

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Answered on 6/30/08, 5:09 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: I was attacked by a former employer after winning a labor lawsuit

I'm so sorry to hear what you have been through.

As the victim, you have no standing to seek a change of venue. Only the defendant and the prosecutor have that right. Prosecutors rarely invoke it, and defendants who do invoke it rarely succeed. There is probably not much you can do to get the case moved.

Even if the police seem to be favoring the defendant, the fact that there was a prelim shows that he is being prosecuted and that the D.A. is seeking a conviction. Her attitude matters more than any police officer's.

If you think the D.A. is not serious about the case, you can talk to the state attorney general's office. The A.G. will sometimes step in where local prosecutors aren't acting impartially. If that doesn't work, try the local U.S. Attorney.

Good luck.

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Answered on 6/30/08, 6:34 pm


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