Legal Question in Civil Litigation in California
Prior Altercation Involved in Civil Litigation
Their teenage son physically threatened me;we had a shouting match and I punched him when he threatened to come after me.Can they bring this up after I sue them? This happened about 60 days ago;can they press charges for Battery now and/or file a suit for damages as a counter suit - or would they have to file a separate action? He wasn't injured.Can they get a monetary judgement from me?
2 Answers from Attorneys
Re: Prior Altercation Involved in Civil Litigation
If you sue them they can bring it up in a cross-complaint. They can press charges but it is up to the city attorney whether or not the case will be filed. they can get a money judgment if they win. if you have homeowners insurance it may cover you if they do sue you.
Re: Prior Altercation Involved in Civil Litigation
A city attorney would make the decision whether to prosecute or not. If not done already, they probally won't. If you sue, he probably will file a cross complaint. He can get a judgment against you if he can prove his case. Good luck.