Wife is being sued

[MikeRojas]

What is the name of your state?What is the name of your state? California

My wife is being sued for testimony she gave in a civil trial. There are three Causes of Actions - General Negligence, Fraud, and Negligent Infliction of Emotional Distress.

Quotes from complaint:

"plaintiffs incurred in excess of $100,000 in costs and fees due to testimony of defendant as well as severe emotional distress."

"Had defendant testified truthfully, the case would have been dismissed without plaintiffs incurring such costs."

It's my understanding that you can't sue someone for their testimony in a trial. What should I do?

 

[badapple40]

I don't practice in California, but is this subject to a SLAPP motion (directed at the numerous California lawyers who post on here)?

Out of curiousity, how did the other case end/go?

What did your wife testify to? Did she testify truthfully, or did she deliberately lie and was caught in doing it? Is the other side represented by a lawyer, or did they figure out all this on their own?

Anyhow, the NIED is a bull**** claim. Unless it deals with witnessing some kind of terrible accident or someone doing something to a close family member or almost being in a terrible accident, there is no NIED (negligent infliction claim). Here there is none. File a motion to dismiss/demurrer for failure to state a claim upon which relief can be granted.

As respects the other claims, I'd also file a motion to dismiss/demurrer for failure to state a claim upon which relief can be granted for those too.

I'd also file a motion to dismiss/demurrer, as her statements and testimony was absolutely priviledged in the course of a judicial proceeding.

Then I'd make a separate motion for sanctions for filing a frivilous lawsuit, asking for costs and for the court to impose a monetary fine on these people for filing this in such an amount as to deter them from abusing the judicial process in the future.

 

[BelizeBreeze]

I'm changing your forum name to BadA$$

 

[MikeRojas]

She testified about her knowledge of an affair. She testified truthfully. The case was settled a couple days after her testimony. This new lawsuit was filed almost a year afterwards with a new attorney.

Thanks for your response, badapple. I was hoping to handle this case without hiring an attorney. Can my wife file these motions herself?

 

[BelizeBreeze]

She testified about her knowledge of an affair. She testified truthfully. The case was settled a couple days after her testimony. This new lawsuit was filed almost a year afterwards with a new attorney.

Thanks for your response, badapple. I was hoping to handle this case without hiring an attorney. Can my wife file these motions herself?

BA is probably cozying up under the sheets with his blonde Kentucky blossom (LUCKY BOY) so I'll answer for you. DO NOT let your wife handle this on her own. She can, but an attorney can dot the Ts and cross the I's (see, even we get it wrong ) AND in the process, ask for attorney fees and court costs on the cross complaint. Get the idea?

 

[MikeRojas]

Thanks for the info.