Legal Question in Real Estate Law in California

Hello,

My mom and her now ex-husband (not my father) have gone through a very bitter divorce which I have had to be a witness to some of their custody battles etc. Recently he took her to court over a Playstation 3 gaming console and won the case and my mom has to pay him. Now he has turned his sights on me and is treating to take me to court over the exact same Playstation 3 he won the judgement on with the intent to claim it was stolen property. I know about double jeopardy, but know that doesn't fit here because it isn't the same defendant just the same case. Please tell me there is something in the books that will prevent this from happening. If having a copy of the judgement is needed I can get it from my mother.

Thank you!


Asked on 5/25/11, 8:37 am

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Double jeopardy applies to criminal cases, not civil cases. If he sues you, or has sued you, then you need to speak to an attorney, and go over the facts and documents in detail.

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Answered on 5/25/11, 3:56 pm
George Shers Law Offices of Georges H. Shers

Double jeopardy only refers to criminal proceedings. If your mother has already paid him for the Playstation, he has no damages that he can allege against you as he has been made whole. The court can be asked in a demurrer to any suit he files to take notice of the prior judgment and that it has been satisfied. If he is claiming that you stole the property and you did not, you can tell him that you will sue him for defamation.

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Answered on 5/25/11, 3:56 pm


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