Legal Question in Civil Litigation in California
won small claims action, now plaintiff is suing me in civil court
When I was a student photographer, one of my former friends approached me to do nude portraits even though that was not my specialty. I agreed to it and didn't charge a dime. I told him I would give him prints (of the best shots) but that I would keep the negatives. After he saw the results, he insisted I give him the negatives, which I refused to do. He then sued me in small claims court for prints of all the shots (about 3 rolls), plus the negatives and 5K (the estimated cost of having to do another shoot with a pro photographer). He lost the case on every point. He is now suing me in civil court with the claim that I promised to give him the negatives. There was nothing in writing in regards to the negatives or prints; it was all verbal. Having much money and time at his disposal, he is using the legal system to harrass and badger me into giving him my negatives. What recourse do I have? I am unemployed right now and don't have the tim---nor the emotional energy---to keep on fighting a battle that I thought I had already won.
2 Answers from Attorneys
Re: won small claims action, now plaintiff is suing me in civil court
You probably have some good defenses as res judicata or collaeral estoppel. However, in civil court you should have a lawyer present them on your behalf. Pleaes contact Mary at my office for an appointment.
Re: won small claims action, now plaintiff is suing me in civil court
You are correct that you have already won. A motion to strike may be sufficient to knock this new case out of court quickly, though I don't know off hand if that is the best procedure to use.
Once you have won you could turn around and sue him for malicious prosecution of the second case. All of this may be unnecessary, though, if you send him a letter explaining these issues and demand that he withdraw the second lawsuit. Such a letter might be more effective if you have an attorney write it.
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