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If I lose my appeal on a unlimited civil claim, would it be possilble for me to join another plaintiffs claim?

Santa Ana, CA |

Another victim using the same agent as I did has filed rackateering charges against the company we both lost money at. Can I join his claim, or am I bound by the loss a may get for my appeal in my civil claim?

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Attorney answers 3

Posted

If your case as been resolved, it cannot be re-litigated, absent an order from the Appellate court for the case or issue to be remanded to the trial court. You get one "bite at the apple." In short, No, unless it is a completely different claim and set of facts you could not have brought forth the first time around.

While I am an attorney, I am not your attorney. You should always speak with your own attorney to gain full and complete legal advice.

Asker

Posted

The claim would be a criminal case against the defendants.

Alison Swicker Gokal

Alison Swicker Gokal

Posted

criminal cases are handled by the DA or the Attorney General. You wouldn't be a plaintiff in the criminal case.

Asker

Posted

ok..but I could be a winess?

Alison Swicker Gokal

Alison Swicker Gokal

Posted

absolutely.

Michael Charles Doland

Michael Charles Doland

Posted

I concur you could be a witness.

Posted

You only get "one day" in court (trial court, another for an appeal to the Superior Court) for each transaction or occurance. Joining another claim, even under different legal theories, would not be permitted.

The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

Posted

If it the same claims based upon the same facts already decided then you cannot. If they are a set of different facts from a different incident or facts that were unknown that significantly changes the claim then those have not been decided and may be considered.

This is not a comprehensive answer. Call us for more information. 619.797.5456 www.mataelelaw.com

Asker

Posted

I have new evidence that was not presented , and this would be a criminal case against the company. Would I be able to join his claim?

Christine C McCall

Christine C McCall

Posted

If it is a criminal case, then there is no "his claim" for you to join. Claims are civil, not criminal. Claims are personal to the claimant; criminal cases are brought by the prosecutor on behalf of the public. Serving as a witness does not mean you share or join in any civil claim.

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