Legal Question in Personal Injury in California

Re: Domestic Tort Question

I think Mr. Johnson misread your message. The attorney you hired is a divorce attorney and there is no reason to presume he knows much about other areas of the law -- especially after seeing what he told you.

Complaints to the police and statements made in court papers are absolutely privileged and cannot form the basis of a civil suit. Even if they could, you would have no cause of action for misrepresentation or fraud since you were not the one defrauded or two whom her representations were made. The law doesn't even recognize a cause of action for "lies", so that won't do you any good either. An emotional distress claim might work but, as I said earlier, cannot be based upon what she reported to the police or told the court.

If I knew more about the facts I might see other claims you could make. There may even be facts which would support claims of fraud and misrepresentation (especially if your attorney -- who knows more about the facts than I do -- thinks you have such claims), but nothing you have said here suggests you could make such an argument.

If your wife lied in her pleadings and to the police she may well be guilty of perjury and/or filing a false police report. These are crimes and she can be prosecuted, but you cannot sue her over these statements.

You are entitled to have your personal belongings, but this does not mean you are entitled to walk into the house whenever you want to and take them. Your wife was probably within her rights to change the locks and install a security system. If you want your things you should call your wife and make arrangements to get them. If she refuses you (through your attorney) can so advise the judge handling your divorce and he will make sure you get your things back.

Re: Domestic Tort Question

If you lack confidence in your attorney then hire an attorney in which you have confidence. You should be discussing this with your attorney and following your attorney's advice.