Anaheim, CA asked in Personal Injury, Civil Litigation, Civil Rights and White Collar Crime for California

Q: The defendant definitely has the ability to pay. His annual income for the past three years has been $7mil, $8mil,$11mil

And what I meant by “proven” was that his employee finally admitted to the forgery (under oath) and he amends his original declaration and apologized to me and over $30k is returned to me over one year later. This has been a nightmare for me. I don’t understand why he or the employee are not in jail. I do t know how to go about enforcing this.

If if any other person in society did this or say I did this to him (went in his mailbox, found a check for $30k and forged his signature to endorse...cashed the check in my bank....the. Later got caught, could I say “Ops, my bad. Sorry. Here’s yer money back.” Would that be the end of the story? I don’t think so. It’s criminal.

3 Lawyer Answers

Dale S. Gribow

Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: no..........it is a federal offense b/c of the mail box/postal authority.

did you report to police? why not filing/arrest?

Marc David Pelta agrees with this answer

1 user found this answer helpful

William John Light

Answered
  • Civil Rights Lawyer
  • Riverside, CA
  • Licensed in California

A: You might have a case worth looking into, but I want to caution you that admitting to a forgery is not the same as causing death. I still suggest contacting the governmental authorities I listed in my earlier response. I still recommend getting a full set of medical records from the facility, hospital, treating MD, and the death certificate, and having them reviewed by an attorney.

Don't delay as the statute of limitations on negligence may have already expired. California Code of Civil Procedure § 340.5 provides in relevant part that:

"In an action for injury or death against a health care provider based upon…professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first."

The statute of limitations for Elder Abuse is governed by California Code of Civil Procedure §335.1, which states that a lawsuit must be filed within 2 years of the intentional or negligent act.

Marc David Pelta agrees with this answer

William John Light

Answered
  • Civil Rights Lawyer
  • Riverside, CA
  • Licensed in California

A: Sorry, had your question mixed with another Elder Abuse matter. You can:

1. contact your local law enforcement agency and/or the Los Angeles County Elder Abuse Hotline 1-877-4-R-SENIORS (1-877-477-3646);

2. report elder abuse online at this Los Angeles County Adult Protective Services website (https://fw4.harmonyis.net/LACSSLiveintake/);

3. file a complaint with the Attorney General Dept. of Medi-Cal Fraud and Elder Abuse (https://oag.ca.gov/bmfea/reporting).

In regards to searching for an attorney, you should specifically look for Elder Abuse attorneys. There is a small group of well qualified attorneys in this field, although there are many who advertise for these cases.

Gerald Barry Dorfman and Marc David Pelta agree with this answer

1 user found this answer helpful

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