Legal Question in Civil Litigation in California

Yes sue him for negligence and fraud....if it can't fly, then it may be demurred, but it's worth a try. Contact me directly.

I'm not an expert on family law, but it's possible that a claim like yours can only be made as part of the divorce case. You should ask your current attorney about your options. And if you don't have an attorney, you should speak with some to find out whether you have a case and whether they will represent you in it.

Good luck.

Yes, it is battery if he did not tell you he had an std. You have to be careful because alleging someone has a disease can be something he could sue you for. If you are serious about suing him, let me know.

Best,

Daniel Bakondi, Esq.

The Law Office of Daniel Bakondi

870 Market Street, Suite 1161

San Francisco CA 94102

[email protected]

415-450-0424

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You have received some really misleading answers to your question. Barne is way off base on the fraud cause of action, negligence maybe, but to prove fraud you would have to prove you asked him if he had an STD and he lied. Barne also ignores the fact that California treats the knowing transmission of an STD as battery. DO NOT contact him directly, since he doesn't know what he is talking about.

Hoffman at least is honest that he doesn't know what he is talking about. The truth is you can and have to bring the tort action for transmitting the STD separately. The case may wind up being consolidated with the divorce for discovery and possibly trial, but consolidation is not the same as being part of the same action. Tort causes of action are a separate case.

Bakondi gets the battery right but he should be embarassed that he told you that you can be sued for alleging someone gave you an STD. If you go around proclaiming it on the street corner and it turns out not to be true, then maybe you could be sued. But Civil Code section 95 provides absolute immunity from defamation actions for the allegations, or anything else you say, in a lawsuit.

If you do not already have counsel and would like to consult with me, I have two facilities in the Sacramento area and would be happy to provide a free intial consultation. If you would prefer an attorney who only practices in the Sacramento area, I also have excellent contacts with the family law judges up there and would be happy to provide you with names of attorneys they recommend.