Legal Question in Personal Injury in California

Hi,

A little over a year ago some one was spitting on me. I asked them to stop, they continued to spit on me. I slapped him. He then punched me repeatedly as I moved away. I did not punch back. I was a able to recover a video of the incident that shows him spitting on me.

the Police told me the DA would not take the case even with a video.

The guy has no assets, however I do.

My question is: since the statute of limitation in California is 2 years, could he win in civil court against me. Currently I am the only one with the video and do not know if I should release it.


Asked on 10/13/10, 9:33 am

2 Answers from Attorneys

Well let's see, you have nothing to gain and something to lose by releasing the tape unless you need to. Is there really any question whether to release the tape. As for who would win in civil court, neither of you, and the court would be pretty unhappy at having court resources wasted on a case where neither party suffered any compensable loss.

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Answered on 10/18/10, 9:55 am
Joe Marman Law Office of Joseph Marman

I think you could get a judgment against this guy, and you could get punitive damages in the judgment, however you would have little liklihood of ever receiving a payment. It would just be for mental satisfaction.

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Answered on 10/18/10, 10:07 am


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