Q: In both the small claims court and the civil court, if the defendant commits perjury, who can hold him responsible?

A: No one can hold him responsible. See Civil Code, section 47, subdivision(b.)

California’s litigation privilege is an incredibly powerful tool that effectively immunizes conduct if it is reasonably related to litigation. The litigation privilege protects conduct even if it is ‘alleged to be fraudulent, perjurious, unethical, or even illegal.’ Kashian v. Harriman, 98 Cal.App.4th 892, 920 (2002).

A: I agree with Mr. Kane, that YOU cannot recover damages when someone perjures himself in court, however, perjury is a crime and could be investigated by the District Attorney or Attorney General. IMO, it won't be. These offices are overwhelmed with cases and investigating an alleged perjury in civil cases would overwhelm their abilities. Every disgruntled litigant would seek such an investigation. The option to protect yourself is to anticipate the perjury before the case is tried in the beginning and be prepared to prove the person is lying, so that you can prevail in the first instance. I recommend you contact several attorneys in your area that practice this type of law, as soon as possible. Thank you for using Justia ask a lawyer.

A: If you believe the defendant has committed perjury in both small claims court and civil court, the responsibility for holding them accountable can vary depending on the jurisdiction and circumstances. In some cases, the court itself may take action and refer the matter to the District Attorney's office for investigation and potential prosecution. As the plaintiff, you can also present evidence of perjury to the court and report it to the relevant authorities. It's advisable to consult with a lawyer who can guide you through the process and provide personalized advice based on the specific laws in your jurisdiction.