Legal Question in Criminal Law in California

My manager at my apartment building had me arrested for ADW as a means to have me evicted. None the less I had to bail out, pay for an attorney, and also I have no where to live now. The good news is no charges are going to be filed and I have a letter from the city attorneys office stating that. The alleged victim did not have any injuries and I was at work during the alleged incident. Now I would like to sue, but I'm not sure what type of lawyer to contact or how to proceed with this matter. Can someone please advise thanks.


Asked on 7/23/10, 2:52 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If the manager himself made the charges against you, rather than the victim making them to the police, then you would have a claim of false arrest, false imprisonment against him, and maybe against the landlord/owner. It requires you show that they made up the charges, and they didn't have a 'good faith' belief in the charges being true. The City Attorney's letter doesn't exactly make that clear, but it sounds like it might be provable. From a practical standpoint, suing the manager or other individuals is usually not economically practical, as you won't likely collect anything from them. Only if the company/landlord/owner is liable can you expect to be able to actually recover anything. If serious about pursuing this, feel free to contact me.

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Answered on 7/26/10, 11:23 am


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