| 1. |
|
| 2. |
|
| 3. |
|
Ratings. Guidance. The Right Lawyer.
threatened with a lawsuit citing personal injury or personal assault
Milpitas, CA
Viewed 246 times.
Posted about 1 year ago in Personal Injury
Flag as objectionable
I am being threatened with a lawsuit citing personal injury or personal assault for an incident in early 2005.
My ex-room mate had been showing some erratic behavior (suspected mental health issues) and a couple other friends and I had taken him to the county mental health clinic. He entered the clinic on his own - we did not force him. He was kept for observation over night and let go the following day - probably no clear diagnosis. A couple of months later he left the country (returned to his native country - India) where his family checked him into a hospital - he was diagnosed with paranoid schizophrenia and had to undergo an extended stay in the hospital followed by counseling and a regimen of drugs. He returned back to California in March 2007 and things seemed normal till a few months back when apparently he stopped taking his medication. There is a distinct possibility that he is in relapse. Now, he is sending me threatening emails and left some voice mails which I haven't answered. Is there any basis for such a lawsuit ? Is it still within the statute of limitations, which I thought was 1 year? Joe and I were room-mates 1997-1999 and had minimal contact between 2003 and 2005. My location is Santa Clara county (CA). - Is this your question? Add additional information Answers (1)
David Carl Beyersdorf
This attorney is licensed in California and 1 other state.
Posted about 1 year ago.
Flag as objectionable
Under California CCP 335.1, the statute of limitations period for assault / battery / personal injury is two years. The statutory period can be longer if the person is under the age of Majority(18) or is incompetent by reason of insanity. CCP 328. It appears that in your situation, there may be an argument that the statute of limitations was tolled (stopped running) during the time your ex-room mate was incompetent. Thus, their might still be an argument that the statute of limitations hasn't run. People like this do sometimes file lawsuits, but they are often times not able to keep it together well enough to pursue the matter. i would expect that he will have a very difficult time finding a lawyer to represent him, but you never know. I wouldn't lose sleep over this, but if you ARE served with a lawsuit, don't ignore it. Defend the lawsuit, and you should have pleanty of valid defenses. Good Luck
David C. Beyersdorf |
