San Jose, CA asked in Criminal Law, Personal Injury and Juvenile Law for California

Q: My friend is being sued for personal injury and false arrest. What are my friend's advantage or disadvantage?

My friend is being sued by a man after the man was arrested for assault and trespassing. She says the man drew a knife at her and stabbed her with the knife, she survived. He says he attacked him with her backpack, but she says she drew a knife on her and her friend so she acted in self-defense.

Eye witnesses and security footage show that he approached her, drew a knife on them, making verbal and gesturing threats, and then she hit him with her bag.

The man has a criminal record up to multiple assault, drugs, probation violations, trespassing, theft, restraining order violations, stalking, and resisting arrest.

This take place a her school so she has the right to be there, he does not. Police found out the man was collecting money from another student who was selling drugs.

My friend is also the daughter of the assistant district attorney who is working on the man's already ongoing criminal case.

Her friend and the school are also named in the suit.

3 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: sadly anyone can sue for anything at any time........proving the allegations is a different story.

since her dad is a DA and knows a lot more facts than you are sharing he would be the first one i would go to........if he has a conflict maybe he can recommend an atty friend who could try to move to dismiss the case if the facts so warrant.

William John Light agrees with this answer

William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: If your friend has questions, she should post them. This forum isn't for bystanders and curiosity seekers trying to find out information about others legal problems.

Peter N. Munsing
Peter N. Munsing
Answered

A: She --and you--should avoid any discussion on social media, including websites like this.

They are suing the school and incidentally her.

See what happens with the criminal case.

The person can only recover for the value of his injuries. And he can be asked questions called "discovery" which he can't give the 5th as a response to, so he may be opening himself up to a lot of questions about drug sales etc. which he will have to answer. He may change his mind.

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