Legal Question in Civil Litigation in California

Re: Small Claims or Civil Suit?

Based upon the facts that you presented you do have a clear case against your mother in law. You have several causes of action against her, stemming from one for Abuse of Process.

Small claims is quicker, but you would be limited to $5,000 in damages. This certainly looks like a much larger case.

You should be able to find someone to take this on a contingency, if your mother in law has assets and/or a job.

Feel free to contact me to discuss this matter further.

Re: Small Claims or Civil Suit?

Thank you for your inquiry. You can certainly sue. Small claims court is still a "civil suit", but damages are limited to $5,000, and attorneys are not allowed.

If she has anything to collect, my firm, or most attorneys might be willing to investigate further and take the case on a contingency.

You can recover all out of pocket expenses and certain other damages as allowed by law, including your bail, and your time off from work.

I hope this answers your questions, but if you have others, want more detail, or wish representation, please feel free to email me directly at [email protected], and best of luck.

Re: Small Claims or Civil Suit?

False arrest suits should be handled in Superior Court. BUT, unless she has enough assets to pay something reasonable in settlement or verdict, you are going to spend money for nothing. If she has nothing, then do it in small claims on principle. If it is worth doing in Superior Court, contact me if interested.

Re: Small Claims or Civil Suit?

Oooooooo, I'm so p.... o'ed on this woman. You should start with:

1) Filing a criminal complaint against her for false report/arrest;

2) You should get your own restraining order against her to prevent from further frivolous complaints; and you should sue her (NOT IN THE SMALL CLAIMS COURT) for (a) malicious prosecution, (b) false imprisonment (c) intentional infliction of emotional distress (d) defamation of character, etc.

You should be able to get a sizeable punitive damages against her in addition to your general and special damages, which she'll never be able to even discharge in bankruptcy. You'll ruin her credit and garnish her wages if she fails to pay.

If she was a wealthy woman, I'd handle this on a contingency, otherwise you're looking at an hourly rate if you hire a lawyer. Good luck, go get her.