Contrary to many reports in the media some Hollywood producer, director and Harvey Weinstein accusers may actually still have a case in civil court for sexual harassment or assault. Yes, there is a two year statute of limitations on these cases here in California. If the accuser entered into a settlement agreement they must abide by the terms of that agreement or face the penalties contained within that contract. However, our law firm has won dismissals of statute of limitations claims at trial in civil cases like these. Our clients were told by the perpetrator and their attorneys they had no case and the statute of limitations had expired. Once their motion to dismiss was denied by the judge in these cases, the other side realized the jeopardy of their position and opened serious (and productive) settlement negotiations.
There are cases where the statute of limitations is “tolled” due to the actions of the perpetrator. “Tolled” is a legal term which means suspended. For example, if there was an actress who was approached by Mr. Weinstein as many news accounts have alleged, and he offered her a role in a production or some other tangible gift such as a vacation, jewelry or payment of some expenses he may have inadvertently tolled the statute of limitations in that case.
There are very specific laws in California regarding these cases and the statute of limitations. Those who have come out against many famous people and Harvey Weinstein accusers may actually still have a case if certain actions took place such as a gift, benefit or any other attempt to make up for what happened.
If you faced sexual harassment or assault at the hands of a powerful Hollywood actor, director, producer agent or studio owner or any other substantive business owner or professional we may be able to help. My name is Rivers Morrell and after more than 40 years of experience in these cases I can assure you it is possible to hold people accountable for their actions under the law. I invite you to review the recommendations of our clients and the legal industry and contact me personally for a free, private and confidential consultation at (949) 305-1400. There is no cost out of pocket for my services as we work on a contingency fee basis.