Legal Question in Civil Litigation in California
Immunity for Cooperating with DA
My minor child gave truthful statements to the DA, about an adult they intended to prosecute for contributing to his delinquency. The case was not tried. The adult has sued me and my (now adult) son for all of his prior fees he paid to defend himself in the case. His contention is that my son lied in his statements and caused him to have to defend himself.
1. What legal basis does the adult have to recover those fees?
2. how can I begin to prepare this defense.
4 Answers from Attorneys
Re: Immunity for Cooperating with DA
Your son is immune from civil liability for the statements given to the DA, period. See Civil Code Section 47(b). Maybe your homeowners' or renters' insurance carrier will provide a free lawyer to defend you. Or, any reasonably competent lawyer should be able to have the lawsuit thrown out and obtain a judgment for the amount of your attorney fees under the "anti-SLAPP lawsuit" law.
Re: Immunity for Cooperating with DA
I agree with Mr. Stone's conclusion, but I want to clarify one point. Both you and Mr. Stone use the term "immunity," which really doesn't apply here. Instead, your son's statements are privileged and may not form the basis for a civil suit except in very limited types of situations. The lawsuit you are now facing might be such a case, but it probably isn't.
There is a special type of motion to strike which can be used against complaints like this one; if the motion succeeds, the case will be over quickly and the plaintiff will actually have to reimburse the defendant for her reasonable attorney fees and court costs. I have some experience with this type of motion and I would be interested in discussing the case with you. Please feel free to contact me directly.
Re: Immunity for Cooperating with DA
You will need an attorney and it will probably cost you some money upfront to beat it. You may later be able to sue him back for malicious prosecution to recover your attorney's fees and costs for this defense. I am in West L.A./Beverly Hills. Visit my website.
Give me a call when you are ready.
Re: Immunity for Cooperating with DA
The statements your son made are privileged. You can have the case dismissed and may be able to recover your costs. If you have homeowners insurance or renters insurance, report this to them immediately. If you do not have either, then you want to contact a competent civil attorney. I am in Sacramento and would be more than happy to talk to you about this matter.
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