Legal Question in Personal Injury in California
My father was in a VA hospital for long term care and wanted me to purchase a firearm with his credit card but use my ID and when the gun was shipped give it to him. I told him no and now he is suing for emotional distress, elder abuse, and personal injury. He has a long history of alcohol/prescription drug abuse and being on suicide watch. I've already filed a response but would like to know how I can get this case thrown out or just take it to court.
4 Answers from Attorneys
You shouldn't have filed a response without talking to an attorney first. If you had spoken to an attorney, they would have recommended a demurrer on the grounds that such a case fails to state a valid cause of action. California has strict laws on gun transfers, including transfers between a child and a parent, which require the use of a licensed gun dealer and background checks.
Get yourself an attorney as soon as possible and stop representing yourself in something like this.
Your refusal to go along with your father's (probably illegal) request is not actionable. If that's what his lawsuit complains about, then he has no case. But if he complained about something else, the case might have merit.
Mr. Roach is right that the best way to respond was probably via a demurrer. If you filed an answer instead, you no longer have that option. But you can still move for judgment on the pleadings and/or summary judgment. If granted, those motions would end the case without a trial.
As Mr. Roach suggests, you should hire a lawyer -- or at least consult with one -- ASAP. Even if the law and the facts are both on your side, you could torpedo your own case by handling it incorrectly.
Good luck.
The 'straw purchase' of a firearm you just described would be a federal felony with up to ten years prison upon conviction. You knew enough to have the good sense to refuse that crime, now have the good sense to hire an attorney who knows what he is doing to get this case properly disposed of asap.
I agree with the other comments. You might contact your homeowner's insurance company to see if this is a covered event.They might provide you with a lawyer. Paying a lawyer to get you out of even a frivolous claim like this can be expensive.