Legal Question in Constitutional Law in California

Declaration Perjury

I had a temp restraining order issued on me. The person who requested the TRO wrote a declaration in which she stated that I called her, when in fact she called me. The judge refused to see our phone records and extended the TRO for 5 months. The requestor lost a civil suit to me and owes me approx $70k. What area of law do I seek to resolve this case of perjury? Obviously the TRO infringes upon Amendment 2.


Asked on 3/09/07, 5:46 pm

3 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Declaration Perjury

If you properly offered evidence which would have supported your position and the court improperly refused to look at it, you can ask the Court of Appeal to intervene by petitioning it for a writ of mandate. I have substantial experience in this area and you should feel free to contact me directly about bringing a writ petition.

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Answered on 3/10/07, 7:35 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Declaration Perjury

Court proceedings are privileged and a person cannot be sued for some falsity in a court proceeding. See Civil Code section 47.

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Answered on 3/09/07, 6:04 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Declaration Perjury

You may request an evidentiary hearing in which she would have to prove her case. Call me directly at 1.619.222.3504.

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Answered on 3/09/07, 7:14 pm


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