Legal Question in Civil Litigation in California

Re: CRIMINAL Vs CIVIL SUIT

There is nothing to prevent a victim from filing a civil suit, although the matter was charged criminally by the state. Since you plead no contest, the fact that the state found you guilty, essentially, cannot be used against you in the civil case, but, you will have to defend any civil suit by the victim like any other lawsuit. There is no way to shortcut the defense of this type of lawsuit. Unless the victim is unreasonable, given that the defendant pled guilty, the smartest thing to do if a civil suit is filed is to settle it, since you'll probably only incur attorney's fees defending it only to eventually lose. It really depends on the nature of the underlying act.

Ben Pavone

I: www.benpavone.com

Benjamin Pavone

Benjamin Pavone, Esq.

4908 Santa Cruz 8

Civil Suit Following Criminal Prosecution

A criminal prosecution does not affect the vbictim's right to bring a civil suit against the perpetrator, although the outcome of the prosecution may have an effect on the outcome of the civil case. There is nothing you can do to "protect" against such a suit.

As for the statute of limitations, it will depend on what the victim/plaintiff sues you for. Some causes of action have limitations periods of six months or less, while others have periods of four years or more. I can't give you a more definite answer with the information you have provided.

Edward Hoffman

Law Offices of Edward A. Hoffman

11620 Wilshire Boulevard, #340