Legal Question in Civil Litigation in California


My ex boyfriend broke up with me in November 2018. We got into one physical altercation due to him not moving out after breaking up with me that resulted me going to jail for one night and was bailed. (12/12/18) The case went to the DA and was dismissed as there was insufficient evidence and me having no prior history of crime or allegations. At the same time, my ex boyfriend filed an RO against me (attempted for 5 years but got 3 instead) in which he won due to being relentless with his lawyer and I was unrepresented. Which I feel was an abuse of discretion on the part of the judge (I will be attempting to file a motion against the RO). So with the RO being granted he is now using that as ammunition to make a complaint of money damages against me. 50,000 for emotional distress and 35,000 for pain, loss and suffering, among a few other minor things that are inaccurate. Since the incident on 12/12/18, upon my return from jail he had moved out and I have yet to contact him, see him or even attempt to do so. There is no sufficient evidence of me doing anything that would lead him to "fear for his life". I feel that he is feeling scorned at how quickly I have moved on from our relationship, and with having heavy resentment, is now trying to harass me with these unsupported allegations. It is quite unfortunate that even with knowing about the passing of my mother (explained at the RO trial) and knowing that I financially would never be able to pay him for these damages he has gone forth with all of this! I need HELP! We have a case management hearing on 12/27/2019. I have been served and need a declaration on my behalf to be drafted and also assistance in responding to the interrogatories and admissions. There are other supporting details that can strengthen my defense that I can offer but would love to know what you guys can do for me.

Warm regards,

Sonia Thao

Asked on 5/24/19, 12:16 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

The lawyers who respond on LawGuru are volunteers and answer general questions that might interest other users of the service. You should locate an attorney in your area to assist you. The damages your ex- is seeking sound serious and most likely won't go away without some good lawyering, investigation, discovery, and negotiations. It's worth making an appointment to find a lawyer who will be of assistance.

Read more
Answered on 6/08/19, 8:51 pm

Related Questions & Answers

More General Civil Litigation questions and answers in California