Legal Question in Civil Litigation in California

Almost a year ago I was the victim of rape, sexual battery, battery, vandalism, etc. Friday is the 1 year date. I'm trying to figure out how to file civilly (eg Does everything have to be filed together? Should it be? What are the statute of limitations for each and all? He was someone I dated on/off - would it fall under domestic violence statutes? etc.). I've had an incredibly hard time facing this (which is well-documented). I am still having a very hard time facing this, but I want to be able to preserve some rights. The police were ... awful. They let evidence get erased, etc. I don't know where to turn.


Asked on 9/01/10, 5:37 pm

5 Answers from Attorneys

You need to contact an attorney in your area immediately. Some of the causes of action you may have would have a one-year statute of limitations. If you don't file on them by Friday you may lose the right to pursue them.

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Answered on 9/06/10, 5:50 pm
Herb Fox Law Office of Herb Fox

While some of your claims may have a 2 year statute of limitations, it is critical that you retainer an attorney immediately (i.e., tomorrow). My main office is in Santa Barbara; I may be able to help you or refer you to someone who can. That depends in part on the identity of the perpetrator and other circumstances. Please call my office; if you get my legal assistant Debra tell her that I asked to put you through or let her know what this is about and I will return the call as soon as possible.

Below is my Los Angeles Office. You can call me in Santa Barbara at 899-4777.

Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or services to on or behalf of any person or any entity. Usage of the LawGuru website is not intended to and shall not create any obligation or relationship between the user and the Law Office of Herb Fox, including but not limited to, an attorney-client relationship. The Law Office of Herb Fox does not and cannot warrant that any communication between the user of this Web site and the Law Office of Herb Fox shall remain confidential. Finally, your situation may be governed by deadlines that may or may not have already lapsed, and you may lose your rights if you do or did not act within those deadlines.

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Answered on 9/06/10, 9:53 pm
Terry A. Nelson Nelson & Lawless

In addition to the issues raised above, you need to consider whether the defendant has, or is likely to ever have, any assets or income against which you would try to collect. If not, if he is a guy that is going to be in and out of prison the rest of his life, then spending money and time suing would be an exercise done on 'principle' rather than on economic basis. If you believe there is real economic value to the case, feel free to contact me to discuss.

Most of the causes of action you would be claiming are based in 'personal injury' and have a two year statute of limitations, so you need not completely panic about timing. However, you must address the issue of 'proof' necessary to win any such lawsuit. You indicate there may be a problem with evidence.

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Answered on 9/07/10, 10:36 am
Anthony Roach Law Office of Anthony A. Roach

Personal injury actions are governed by the new two (2) year statute of limitations set forth in Code of Civil Procedure section 335.1.

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Answered on 9/07/10, 5:58 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Most are 2 year, but you should still get an attorney now.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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Answered on 9/09/10, 11:22 pm


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