Legal Question in Civil Litigation in California

Could be a good lawsuit. Would like to hear ALL FACTS by email. Watch out for very short legal time limits.

Suing is the last item on her agenda. The first task is defending the criminal charges. She has to win them before determining what else she can do. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

I agree with Mr. Nelson. Bear in mind that Santa Ana is the seat of the Orange County government. The county's prosecutors are headquartered there, and so are its courts. That the case is "out of Santa Ana" does not mean the crime allegedly occurred in that city.

If you are going to sue the police, you would first have to file a claim.

�No person charged by indictment, information, complaint, or other accusatory pleading charging a criminal offense may bring a civil action for money or damages against a peace officer or the public entity employing a peace officer based upon conduct of the peace officer relating to the offense for which the accused is charged, including an act or omission in investigating or reporting the offense or arresting or detaining the accused, while the charges against the accused are pending before a superior court.�

�Any applicable statute of limitations for filing and prosecuting these actions shall be tolled during the period that the charges are pending before a superior court. �

Nothing in this section shall prohibit the filing of a claim with the board of a public entity, and this section shall not extend the time within which a claim is required to be presented pursuant to Section 911.2.�

(Government Code � 945.3.)

That means you have to file the claim timely, but cannot file the lawsuit based on the claim until the the criminal case is resolved. I suggest speaking to a competent attorney to help you know where and how to file the claim.