Q: Is it assault when emp.of Shell Gas s/ Chases me to RR I'm squatting ovr toilet places her knee my genitalia pushn me2
2 get out holding the door wide.Open4the garbage man 2 see me that was pullin up.This is a second incident that happened that I recorded a year prior. She didn't want me to use the restroom until I purchased the car wash. I went there to go get after coming out of bathroom. She calls me homeless realizing She closed gate2car wash so I started2clean My car windows. She came out and grabbed all the napkins and squeegees so I started recording as well. Ladies always rude. No Idea why she hates me I always used2go 2Shell cheaper (I have coupons)cigarettes&gas but now not as often So this time after moving my vehicle I told her I'm recording for her protection and mine she's talking on phone as usual back towards me ignoring me. It says she's calling the police acts as if she locks the door on me. I said I'll wait. I have no problem ask for a district manager's phone # refuse 2 give 2me I peak ovr counter She moves the key I'm in there 4like 30min. went talked 2supervisor Do I have a case❓
A:
Under California law, the situation you described may constitute assault, especially if there was intentional and unlawful physical contact or a credible threat of harm. Placing a knee on someone's genitalia, as you described, could be seen as an offensive physical contact, which is a key component of assault.
The act of recording the incident could be helpful in your case, as it provides evidence of the conduct and the circumstances surrounding it. However, it's important to ensure that the recording complies with California's laws regarding consent for recording conversations.
Given the complexity of such situations and the seriousness of the allegations, it would be advisable to consult with an attorney who can review the specific details of your case. They can offer guidance on how to proceed, including potentially filing a police report or a civil lawsuit.
The refusal to provide the district manager's contact information, while frustrating, is not in itself illegal, but it can be mentioned as part of the overall context if you seek legal redress. An attorney can also assist in formally requesting this information as part of your case.
Remember, each legal situation is unique, and it's important to get personalized advice based on the specific facts of your case. An attorney can provide this guidance and help you understand your rights and options under California law.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
