What is the name of your state? CA
Heres the situation.
Myself and Person A were friends for quite some time throughout high school until Person A decided to end the friendship; reason was never given.
Person A then posts comments on my friends Myspace profiles pertaining about me, including racial slurs, sexual harrasment remarks, and annoucments that he wants to fight me.
I disregard these and do not comment back.
A few months later...
I am outside of a store with my friends when I see him parking his car, he gets out of his car and begins to run towards me. I am not sure of his intentions, seeing as how he has stated that he wants to fight, so I PUSH him by extending my 2 arms outward to protect myself.
He falls down, gets up and trys to get in my face, I say that he told me he wanted to fight, he declares he never stated this, so I tell him, get in the store and leave me alone. He goes inside. My friends and myself then leave the store about 10 minutes later. In the car, I get a phone call from a police officer. It appears that Person A had called the police on me and is pressing charges. The police officer told me that it was a misdeamnor battery/assault and if the DA wants to take it up he will. The DA then takes it up, I get a lawyer, costing me about 750$. We show the DA the evidence that Person A posted on myspace and stated that the push was in self-defense. The DA then DISMISSES the case and all charges are dropped against me.
Now heres the question.
Can I take person A to small claims court and try get back the money I spent on the lawyer? Like suing him for lost wages and lawyer/court fees? Since the case was dismissed and the charges were dropped, can I do this, and if so, is there a chance I will win?
Any advise will be helpful. Thanks.
Heres the situation.
Myself and Person A were friends for quite some time throughout high school until Person A decided to end the friendship; reason was never given.
Person A then posts comments on my friends Myspace profiles pertaining about me, including racial slurs, sexual harrasment remarks, and annoucments that he wants to fight me.
I disregard these and do not comment back.
A few months later...
I am outside of a store with my friends when I see him parking his car, he gets out of his car and begins to run towards me. I am not sure of his intentions, seeing as how he has stated that he wants to fight, so I PUSH him by extending my 2 arms outward to protect myself.
He falls down, gets up and trys to get in my face, I say that he told me he wanted to fight, he declares he never stated this, so I tell him, get in the store and leave me alone. He goes inside. My friends and myself then leave the store about 10 minutes later. In the car, I get a phone call from a police officer. It appears that Person A had called the police on me and is pressing charges. The police officer told me that it was a misdeamnor battery/assault and if the DA wants to take it up he will. The DA then takes it up, I get a lawyer, costing me about 750$. We show the DA the evidence that Person A posted on myspace and stated that the push was in self-defense. The DA then DISMISSES the case and all charges are dropped against me.
Now heres the question.
Can I take person A to small claims court and try get back the money I spent on the lawyer? Like suing him for lost wages and lawyer/court fees? Since the case was dismissed and the charges were dropped, can I do this, and if so, is there a chance I will win?
Any advise will be helpful. Thanks.