Kabateck LLP presents Civil Action with California trial lawyers Brian and Shant. Join us as hosts Brian Kabateck and Shant Karnikian analyze legal issues and developments in California law affecting plaintiff lawyers and their practices. The show presents a summary of recent appellate decisions affecting all area of plaintiff-side civil litigation, from personal injury to employment, from landmark cases to changes in procedure. This weekly series keeps you informed on a variety of hot legal topics from throughout the state. This is Civil Action.
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Kabateck LLP presents Civil Action with California trial lawyers Brian and Shant. Join us as hosts Brian Kabateck and Shant Karnikian analyze legal issues and developments in California law affecting plaintiff lawyers and their practices. The show presents a summary of recent appellate decisions affecting all area of plaintiff-side civil litigation, from personal injury to employment, from landmark cases to changes in procedure. This weekly series keeps you informed on a variety of hot legal topics from throughout the state. This is Civil Action.
Episode 66: Sexual Abuse Case Filing Process for Statute 340.1
Civil Action with Brian & Shant
29 minutes 17 seconds
2 years ago
Episode 66: Sexual Abuse Case Filing Process for Statute 340.1
Brian, and Shant sit down with attorney Marina Pacheco of Kabateck LLP to discuss the complicated world of filing childhood sexual assault cases. Of particular importance is a deadline regarding the statute law CCP 340.1 (sec Q), which starting in January 2020 gave a three year window for people to file a childhood sexual assault case if they were ineligible to do so under previous laws and statutes. That provision is set to expire at the end of 2022. This primarily affects people over the age of 40 who were aware that their psychological injury was caused by the sexual assault for more than five years before the case was filed. After the expiration of the three year revival window, people over the age of 40 will still be able to file old cases, as long as they can demonstrate that they had not been aware of the abuse more than five years before the filing, meaning the memories were either repressed or the person was unaware that what they experienced would qualify as sexual abuse. The process to file a childhood sexual assault case for people who are over the age of 40 is a complicated process which requires proof of merit from a mental health professional plus proof of merit from an attorney. Marina breaks down the complicated provisions in a very detailed and worthwhile explanation.
Civil Action with Brian & Shant
Kabateck LLP presents Civil Action with California trial lawyers Brian and Shant. Join us as hosts Brian Kabateck and Shant Karnikian analyze legal issues and developments in California law affecting plaintiff lawyers and their practices. The show presents a summary of recent appellate decisions affecting all area of plaintiff-side civil litigation, from personal injury to employment, from landmark cases to changes in procedure. This weekly series keeps you informed on a variety of hot legal topics from throughout the state. This is Civil Action.