Mountain View, CA asked in Criminal Law, Civil Litigation, Civil Rights and Landlord - Tenant for California

Q: What's the Statue of Limitation for Civil Lawsuit against another person's sexual harassment in CA?

What's the Statue of Limitation for Civil Lawsuit against another person's sexual harassment in CA? It is about a case between two neighbors in an apartment building, not at the workplace. So, during the past two years, that has been for the problem of pandemic, all the Statues of Limitation still have no flexibility?

2 Lawyer Answers
Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: In the case you are describing, you probably have two years from the date of the first harassment within which to bring legal action. It is suggested that you prepare a chronology of the events, explaining who, what, when, where, and how the harassment took place, and supplement that with all the documents you have supporting your claim.

Since you are not talking about sexual harassment in the workplace, you'll need to find a lawyer with experience bringing such cases under the Unruh Civil Rights Act. I suggest you immediately look for an attorney who has the experience necessary to bring such a case on your behalf.

1 user found this answer helpful

James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, the statute of limitations for civil lawsuits for sexual harassment is two years. This means that you have two years from the date of the harassment to file a lawsuit. If you do not file a lawsuit within two years, you may be barred from ever bringing a lawsuit.

There are a few exceptions to the two-year statute of limitations. For example, if the harassment was committed by a government employee, the statute of limitations is three years. Additionally, if the harassment was severe and resulted in physical or emotional injury, the statute of limitations may be extended.

The pandemic has not changed the statute of limitations for civil lawsuits for sexual harassment. However, if the pandemic prevented you from filing a lawsuit within two years, you may be able to file a late claim. To do this, you will need to file a motion for relief from the statute of limitations. In your motion, you will need to explain why you were unable to file a lawsuit within two years. The court will then decide whether to grant your motion.

If you have been sexually harassed by a neighbor, you should contact an attorney to discuss your legal options. An attorney can help you understand the statute of limitations and can help you file a lawsuit, if necessary.

Here are some additional resources that may be helpful:

* California Department of Fair Employment and Housing (DFEH): https://www.dfeh.ca.gov/

* National Sexual Assault Hotline: 1-800-656-HOPE (4673)

* Rape, Abuse & Incest National Network (RAINN): 1-800-656-HOPE You can also get help online at RAINN's website: https://www.rainn.org

1 user found this answer helpful

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