Rasmussen v. Lazarus

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Plaintiffs filed suit against defendant, the killer of their daughter, seeking vindication for the 31-year-old murder. Defendant moved to dismiss the case on the basis that the lawsuit had been filed before, not after, her conviction and hence could not fall within Civil Procedure section 340.3, subdivision (a)’s authorization. The Court of Appeal affirmed the trial court's denial of defendant's motion and judgment in favor of plaintiffs, holding that defendant waived prematurity by not timely raising it; any prematurity was cured by the time defendant raised the issue in her motion to dismiss; and by law, the equities supported disregarding defendant's prematurity plea in abatement. View "Rasmussen v. Lazarus" on Justia Law