Defendant sues 90-year-old man who was shot

Right, and that's a point many never consider. I see a lot of folks making statements that it's ridiculous that their opponent would try to prove that the homeowner's gun went off accidentally in a self-defense encounter. What they don't understand is that there's a potentially significant payoff for making and being able to support such a claim.
 
Here, I'll make this easy for y'all. Yesterday the intruder was convicted of felony attempted murder (Two counts( and other related crimes. Under Cakifornia Code section 847, (a) an owenr,..., of any estate or any other interest in real property, whether possessory or nonpossessory, shall not b4e liable to any person for any injury or death that occurs upon that property during the course of or after the commission of any of the felonies set forth in subdivision (b) by the injured or deceased party. Subdivision (b) includes (8) any other felony in which the defendnat inflicts great bodily injuryon any person, other than an accomplice, or any felony in which the defendant uses a firearm; (9) attempted murder, (etc etc etc)

An owner is not immune for willful, wanton, or criminal conduct.

The case is essentialy dead in the water.
 
62coltnavy said:
...Yesterday the intruder was convicted of felony attempted murder (Two counts( and other related crimes. Under Cakifornia Code section 847, ...

The case is essentialy dead in the water.
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Excellent information and new information to me. And I suspect that you're probably correct that the civil case should now be dead.

However, Cutrufelli could still probably amend his civil complaint to allege that Mr. Leone's conduct resulting in Cutrufelli being shot was willful or wanton. I doubt that Cutrufelli could get anywhere with that, but it might take some discovery and a summary judgment motion for Leone to finally dispose of the civil suit.

And just for clarification, the correct citation is California Civil Code 847.
 
jurors needed only two days to also find Samuel Cutrufelli guilty of robbery, burglary and assault with a semiautomatic firearm.
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There is such a law? Well, we are talking California.

Never heard of such an enhancement.
 
"However, Cutrufelli could still probably amend his civil complaint to allege that Mr. Leone's conduct resulting in Cutrufelli being shot was willful or wanton. I doubt that Cutrufelli could get anywhere with that, but it might take some discovery and a summary judgment motion for Leone to finally dispose of the civil suit."

Two problems. First, Cutrufelli cannot contest his felony conviction. This weill establish that he unlawfully fired a handgun at the homeowner. Second, California law provides a presumption that an intruder intends to do serious bodily harm, therefore authorizing the use of deadly force--i.e., an intentional shooting is perfectly lawful. With the conviction establishing an entry into real property for the purpose of doing harm, defendant has a complete defense to the claim. I suspect that the lawsuit was filed as a ploy to support Curufelli's defense to the criminal chrarges, and that it will not be further pursued.
 
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