Legal Question in Criminal Law in California
civil suit
I was assaulted in mammoth ca. If i file
a civil suit, does it have to be with in
the jurisdiction of the crime? Can i file
in LA?
3 Answers from Attorneys
Re: civil suit
If the person you are suing has some connection to L.A., or you sought medical treatment in L.A., you could give the L.A. courts a shot. Otherwise Mono Superior Court.
Re: civil suit
California Code of Civil Procedure Section
395. (a) Except as otherwise provided by law and subject to the
power of the court to transfer actions or proceedings as provided in
this title, the superior court in the county where the defendants or
some of them reside at the commencement of the action is the proper
court for the trial of the action. If the action is for injury to
person or personal property or for death from wrongful act or
negligence, the superior court in either the county where the injury
occurs or the injury causing death occurs or the county where the
defendants, or some of them reside at the commencement of the action,
is a proper court for the trial of the action. ........
Re: civil suit
You can sue either where the assault occurred or where the assailant lives. If there are multiple defendants, you can sue where any defendant lives. Where you live does not matter in this analysis.
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