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Concerning a civil matter for defamation, can one in CA pursue the matter 2 years later because they became homeless in SOL
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A person was pulled over for DUI, resisting arrest and vandalism to a police vehicle. In a court of law, resisting arrest and vandalism were found not guilty and the DUI was dismissed in November of 2007. Can a individual still pursue the matter in civil court for defamation and false arrest. The individual became homeless in April of 2008 and since has been homeless. Defamation in CA is a one year statue, would his situation cause the statue to be tolled or extended?
Please be advised that I cannot provide you with legal advice. I recommend that you see an attorney immediately. With that said, let me provide you with some general information. Please look at California Code of Civil Procedure section 312 (available on-line for free at findlaw.com). This is a starting point. There is a general two year statute of limitations to file suit for assault, battery, or injury, or wrongful death (See C.C.P. 335.1). Certain federal claims against law-enforcement also have a two year statute of limitations (although there may be earlier claim filing procedures; be careful of this). Examples of such claims are claims under 42 USC 1981, 42 USC 1982, 42 USC 1985, 42 USC 2000d.
Please look at Government Code Section 945.3, which can toll the limitations period within which to bring a civil rights action against a peace officer.
The statute of limitations (SOL) can be tolled under certain circumstances if the defendant (at-fault person) is out of the State (See C.C.P. 351); although there are exceptions.
The SOL can be tolled if the plaintiff (injured person) had a disability when his cause of action accrued. (See C.C.P. 352(a) and 352.1(a), and 357; also during periods of imprisonment (See C.C.P. section 352.1, but this may not work for suits against governmental actors.
Fraud, concealment, non-awareness of a cause of action may also be grounds to toll the SOL.
I realize this information is general, and in no way legal advice, but I hope it may give you a good starting point for your research. The best advice is to immediatley find an attorney, and immediately file suit if there is a case to pursue.
Adam Sorrells
Chico Personal injury attorney
Law Offices of Adam Sorrells