Legal Question in Civil Litigation in California
CA Tort Laws
Can a person sue for money damages eventhough he was found guilty of Disturbing the Peace in criminal court for disturbing the peace from a road rage incident .He is trying to recover money such as, bail money, loss of work wages, depreciation to his car, attorney fees, future work lost, and pain and suffering. He has filed a new civil complaint against me in CA Supreme Court for a hearing to decide so he can recover the above described money damages from a criminal court verdict which he has already plead guilty to Disturbing the Peace all steming from a road rage incident.
Could you please cite exact prior CA case laws where a guilty person can then sue as a plantiff and is entitled to money damanges
steming from a guilty plea verdict.
The property damages stemming from this incident is being handled by my insurance carrier general counsel. That area seems to be covered.
I am being sued by a guy with lots of money and I have very little money. Please if you can help, it would mean the world to me. If you have good advice please share. Is this question related to Tort Law?
5 Answers from Attorneys
Re: CA Tort Laws
A guilty plea does not bar relitigation of the same issues in a civil suit, as those issues have not been decided on their merits. Pease v. Pease, (1988) 201 Cal. App. 3d 29, 266 Cal.Rptr. 762.
You might be able to use a guilty plea as an admission of the his breach of peace, but it doesn't have any preclusive effect on litigation regarding your wrongful misconduct.
If you are being sued, you should talk with a local attorney immediately.
Re: CA Tort Laws
You haven't told us what happened, so there is no way to answer your question. The fact that the plaintiff pled guilty does not bar his claim, but without knowing the details I can't begin to say how strong his case might be.
Re: CA Tort Laws
If you are, as you say, being sued frivolously by some crazed person with lots of money who was already convicted of a crime against you, this suggests a possible countersuit for things such as malicious prosecution or abuse of process. Call a lawyer in your locality and explore the possibilities.
Re: CA Tort Laws
Mr. Stone suggests a "countersuit for things such as malicious prosecution or abuse of process". Most laypeople use the term "countersuit" to describe what lawyers call a cross-complaint -- a claim against the plaintiff that is litigated at the same time as his claim against the defendant. Malicious prosecution and abuse-of-process claims can't be litigated that way.
One of the things you would have to prove in order to win such a case is that you have already won the malicious or abusive lawsuit on the merits. This means you can't bring such a lawsuit until the current case against you is over -- and even then, only if you win.
Re: CA Tort Laws
If I understand you correctly, in regard to a motor vehicle accident in which your own auto insurance carrier has accepted that coverage from your policy does exist [they have to defend ayou and pay for any damages you cause], the other driver is suing,for among other amages, pain an dsuffering. So this is the same as though no criminal charges were involved. Immediately tell your insurance carrier you are being sued and they will defend you .
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