Legal Question in Civil Litigation in California
I brought a complaint against my psychologist years ago for many heinous acts. The investigation and trial took a couple of years to complete and she was convicted of 5 out of 6 counts and punished severely by her licensing board. She is still appealing but isn't practicing anymore as she is on probation. Now, I was served with a civil lawsuit by her for "malicious prosecution" for filing a complaint. She is also suing my friend, who was a witness, saying we lied. Yet she was very definitively convicted. The CA Board of Psychology just sent me this:
"Individuals that file complaints with a respective licensing agency are protected from civil liability. California Civil Code section 43.8 states in part ��there shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any person on account of the communication of information in the possession of that person to any �..psychology, marriage and family therapy, �.. professional licensing board or division, committee or panel of a licensing board, the Senior Assistant Attorney General of the Health Quality Enforcement Section �..�
Doesn't that protect me from a lawsuit for coming forward? How can she still sue me? It says I have to "answer in 30 days" and don't know what to do.
3 Answers from Attorneys
Your activity in reporting her actions cannot be considered "malicious prosecution" since she had been convicted. You might have a statute of limitation defense. In addition, your report likely was protected by California's anti-SLAPP statute. You should retain an attorney to defend you. If you win the anti-SLAPP motion, which can be filed either in lieu of or in conjunction with an answer, an award of attorney's fees is mandatory, so your attorney WILL have a chance at getting paid. You have 30 days from the date you were served with the lawsuit to file a responsive pleading.
Feel free to contact me if you need further assistance.
Based upon your facts, HER case is one of abuse of process and malicious prosecution, in that the Statute of Limitations has long since run on her ability to sue you on allegations more that 2 years old, and because your complaint was priviledged under law. I have to assume she filed herself, pro per, since it is unlikely an attorney would do such a thing. If so, you will likely have to file a motion to dismiss, based upon your facts. You may be entitled to your attorney fees and costs in doins that. If serious about getting legal counsel to do this, feel free to contact me.
You missed the statute of limitations the first time around. She, by filing her apparently frivolous complaint, has reopend your chance to sue her. You would have to have her case dismissed first. Then you may be able to sue her for malicious prosecution and bring in all the facts about what she did to you. Should be a sizable judgment. Don't know if you would ever be able to collect, though.
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