Even on a topic like this, I feel the need to chime in on the theme that lawsuits are not like winning the lottery. Yes, theoretically she could sue him for assault, which is the apprehension of physical harm, and battery, which is the physical harm. Setting aside that there isn’t a jury in this or any other state that would give her a favorable verdict, the report says no one was injured. Even if she could maintain a lawsuit, and even if she was slightly injured, the value of a case is a function of the amount of hard dollar damages. Punitive damages are allowed in CA only for “conduct that it exceeds all bounds of that which should be tolerated in a civilized society”.
Our legislature has monkeyed in an egregious way with the Penal Code, the Family Code, etc. but they’ve not gotten around to destroying the Civil Code, which largely harkens back to the days when California jurisprudence was a model for the nation.
Maybe you meant it as a throw away line, and I mean no offense. We’re all aware of the fluke miscarriages of justice, but I try to drive home the point on this forum all the time that having a cause of action isn’t the equivalent of getting the winning lottery ticket
Nothing surprises me about California anymore.
And ambulance chasing lawyers are a dime a dozen.
If they think there’s a dollar in it they’ll try anything.
I’ve seen more outrageous law suits than this one would be.