Legal Question in Civil Litigation in California

hemet police and brother in law lock out

what is the time limit i have to file a law suit against the hemet police and my brother in law and the a real estate company for illegaling changing the locks on our home and locking all our possions inside as well


Asked on 9/13/06, 2:44 pm

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Re: hemet police and brother in law lock out

There are two different statutes of limitations, or procedures in this case, because you have named three different defendants: a public entity - the police; an individual - your brother in law; and possibly a corporation - the real estate company.

As a general rule, you must first file a claim, and have it denied before you can sue a public entity. Any claim against a public entity for personal injury or death, or damage to personal property must be presented to the governmental entity within 6 months of the accrual of the cause of action. This means you must file a claim no later than 6 months after the incident happened. When you get a denial letter from the public entity, you then have 6 months to file lawsuit.

Your lawsuit against the other two will depend on the legal theory you choose to pursue. Personnel injury lawsuits are now governed by a two year statute of limitations, except medical malpractice which is still one from discovery. Oral contracts are governed by a two year statute, but written contracts are a four year statute.

You should sit down with all of the relevant facts and paperwork with an attorney, who may take that kind of case on a contingency basis.

Very truly yours,

Read more
Answered on 9/14/06, 7:23 pm
Terry A. Nelson Nelson & Lawless

Re: hemet police and brother in law lock out

For starters, if the police were involved, I will assume they had a court order obtained through unlawful detainer procedings in court. You should consult with a local attorney quickly to see if that is true, and to discuss what, if anything, can now be done, other than redeem your property from storage, if it is not already too late.

Read more
Answered on 9/14/06, 8:13 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: hemet police and brother in law lock out

Six months to file a claim against the city a year to file lawsuit against the real estate agent. Call me directly at 16192223504

Read more
Answered on 9/16/06, 1:36 am


Related Questions & Answers

More General Civil Litigation questions and answers in California