Legal Question in Civil Litigation in California
Complaint Alleging Childhood Sexual Abuse
My 28 year-old son and I have been served recently with a Complaint alleging that my son (who was 7 yrs old at the time of the so-called incident) sexually molested Plaintiff (who was 6 yrs old). 2nd Cause of Action states I was negligent in the care and supervision etc. My question is after this case is dismissed, can my son and I sue Plaintiff by filing a ''defamation of character'' lawsuit?
3 Answers from Attorneys
Re: Complaint Alleging Childhood Sexual Abuse
No, but a malicious prosecution suit perhaps. You must defend the suit and previal. Contact me directly.
Re: Complaint Alleging Childhood Sexual Abuse
The name of the lawsuit is "malicious prosecution." Some idiot shrinks "recover" these bogus "memories" and then tell their patients to file lawsuits because they think it therapeutic to do so. The negligence cause of action could enable you to demand a defense from your homeowners' or renters' insurance carrier. Unfortunately even bogus lawsuits have to be defended, and you will need to have a lawyer respond to the lawsuit within 30 days. Maybe you will wind up collecting $ from the shrink as well as from the plaintiff and her attorney.
Re: Complaint Alleging Childhood Sexual Abuse
No; all pleadings are privileged.
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