QUESTION
Do I have a viable RICO claim against my ex-wife's lawyers if I can prove the following:
Asked on Nov 13th, 2014 on Litigation - California
More details to this question:
Predicate act: Mail fraud (Use of US Mail to induce errors in the court judgment by deceiving judges); Time span: 2001 to present; Pattern of predicate activity: Extensive use of mail to serve notice; Operation and management of enterprise: Partner of the law firm declared under oath all the defendants are managers and worked under her direction; Interstate commerce: Defendants garnished my social security benefits. Valid in all states; Conspiracy: Partner of the law firm declared under oath defendants worked AS A TEAM under her direction. The court admitted in 2003 that I was victimized (rulings against me without mandatory findings) but Defendants did not let the judges make legally mandated findings during the last 10 years. I was very diligent with appeals to get the errors corrected but failed because of Defendants' fraud. Loss is $2 million. I am not trying to reverse prior rulings.
1 ANSWER
I would need to know a lot more about your case in order to give you a firm answer, and I would have to be paid for doing that, but the likely answer is probably not. Under California law, everything that is done in court is protected against any subsequent lawsuit, except malicious prosecution. In order to prove malicious prosecution, you must win the prior lawsuit.
If you couldn't prove that they were lying then, how are you going to prove it now? Even assuming you had some new evidence to prove it, you would also need to prove that you could not have produced the new evidence before.
You can't sue the other side or the other side's lawyers for winning the lawsuit. There are at least two sides to every dispute. Whatever the judge or jury deciding the case determined to be the truth, you are stuck with that truth, whether or not you believe it. If you failed to convince the judge or jury, there is nothing more to be done about it.
I don't know what the statute of limitation is for RICO. If the lawsuit was decided in 2001, then the statute of limitation has probably expired. Try a Google search to find out how long the statute of limitation is. You can't sue over anything that happened longer ago than that.
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Dana Sack
Answered on Nov 18th, 2014 at 4:04 PM