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  1. #1
    Join Date
    Sep 2015
    Posts
    4

    Default Recourse Against State of California

    My question involves court procedures for the state of: CA

    I was a codefendant in a civil lawsuit in California beginning in 2017. My codefendant and I each had our own attorneys. We filed separate demurrers for statute of limitations, both of which were denied. My codefendant's was denied first, citing his denial during the statute period as concealment of evidence. Mine was denied afterward, but without having made a denial to so site.
    After our demurrers were denied I settled, codefendant did not. A year later 12 jurors found that the statute of limitations had indeed run, case closed. Subsequent to my demurrer's denial I spent approximately $100k on legal fees and the settlement. Is it at all practical for me to take action against the state for the judge's decision to allow the case to proceed when it should have been stopped a year ago?

  2. #2
    Join Date
    Oct 2016
    Posts
    3,283

    Default Re: Recourse Against State of California

    I doubt that one jury decision is going to set precedence.

    Plus you settled.

  3. #3
    Join Date
    Jul 2018
    Posts
    1,720

    Default Re: Recourse Against State of California

    Quote Quoting hatrabbit
    View Post
    My codefendant's was denied first, citing his denial during the statute period as concealment of evidence.
    Without any context, the portion of this sentence starting with the word "citing" makes no sense. Also, demurrers are overruled; they're not "denied."


    Quote Quoting hatrabbit
    View Post
    Mine was denied afterward, but without having made a denial to so site.
    Huh?


    Quote Quoting hatrabbit
    View Post
    Is it at all practical for me to take action against the state for the judge's decision to allow the case to proceed when it should have been stopped a year ago?
    No.

    First of all, just because your co-defendant prevailed at trial based on the statute of limitations doesn't mean the court improperly overruled your demurrer. A demurrer is a pleading that argues that, even if all of the facts alleged in the complaint are true, the plaintiff has not alleged a valid cause of action. A court ruling on a demurrer does not consider any evidence (except facts that can be judicially noticed) and makes its ruling based solely on the allegations in the complaint. Successfully demurring on statute of limitations grounds is incredibly difficult because it is relatively easy in most cases to write a complaint in a way that doesn't implicate a statute of limitations defense.

    Second, you made a voluntary decision to settle. You could have chosen not to settle and to take the case to trial, and the court is not responsible for a voluntary choice you made. You didn't say what the case was about, so we have no way of knowing if you could have recovered attorneys' fees from the plaintiff.

    Third, and perhaps most importantly, neither a judge nor the county in which he/she sits nor the state has any liability for any action taken by the judge in his/her capacity as a judge. If you think a judge made an erroneous decision, the recourse is to appeal or seek a writ of mandate.

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