This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Complaint False Imprisonment With A Weapon In Santa Clara
Category:
State:
Multi-State
County:
Santa Clara
Control #:
US-000280
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Word;
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FAQ
Filing your complaint starts your case, but the summons is the document that is issued under the court's authority that notifies your defendant they are being sued and that they need to take action.
Small claims basics Generally, you can only sue for up to $12,500 in small claims court (or up to $6,250 if you're a business). You can ask a lawyer for advice before you go to court, but you can't have one with you in court. Starting November 1, 2021, you can sue or be sued for COVID-19 rental debt in small claims.
File a complaint with government or consumer programs File a complaint with your local consumer protection office. Notify the Better Business Bureau (BBB) in your area about your problem. The BBB tries to resolve complaints against companies. Report scams and suspicious communications to the Federal Trade Commission.
You can contact the Santa Clara County Investigations Division District Office at (408) 942-2952 or file a complaint using their website.
Definition and Elements of the Crime As a result, it is a serious offense to plant evidence or to otherwise tamper with evidence in order to falsely implicate (or exonerate) someone of a crime. Planting or Tampering with Evidence is a criminal offense under California Penal Code Section 141 PC.
California Penal Code § 236 PC defines false imprisonment as unlawfully restraining, detaining, or confining a person against his or her will. The crime can be charged as either a misdemeanor or felony and is punishable by up to three years in jail.
(a) False imprisonment is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment.
To prove a false imprisonment claim as a tort in a civil lawsuit, the following elements must be present: There was a willful detention; The detention was without consent; and. The detention was unlawful.
Disobedience to a subpoena, or a refusal to be sworn or to testify as a witness, may be punished by the Court or magistrate as a contempt.
California Penal Code § 236 PC defines false imprisonment as unlawfully restraining, detaining, or confining a person against his or her will.