This apparently does not belong in the Criminal Defense area. You are talking about suing someone, which would be a civil issue.
Only the District Attorney (or, in some cases, the Attorney General) can file a criminal action.
Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this site, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.
My colleague is correct, this sounds like a civil matter and you should consult with a civil practitioner. If the police are not involved, then there will not be a criminal prosecution, which the DA's dictate, etc. Seek out a good, local civil attorney. Good luck.