Can a defendant invoke the privilege against self-incrimination in a civil action?

California, United States of America


The following excerpt is from Oiye v. Fox, H036065, H036308 (Cal. App. 2012):

A defendant may not bring a civil action to a halt simply by invoking the privilege against self-incrimination. (Fisher v. Gibson (2001) 90 Cal.App.4th 275, 285 [party opposing summary adjudication failed to make a showing that facts necessary to oppose the motion might exist, but could not then be presented due to a proper invocation of the privilege].) We understand defendant's desire to remain silent in the face of ongoing criminal proceedings rather than filing his own declaration in opposition to plaintiff's request for a preliminary injunction. However, defendant remained free to present other evidence to contradict plaintiff's declaration of molestation. Other declarants could have

Page 14

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Does Defendant have any grounds to argue that the Court's recent rulings in a civil case against the Defendant violated the Defendant's civil rights? (California, United States of America)
How have defendants defended their actions in a civil action brought by a plaintiff who alleges they failed to properly raise the railing to comply with the current code requirements? (California, United States of America)
Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)
Can a defendant in a civil action be found to have breached section 425.16, subdivision (e) of the California Civil Code of Civil Procedure Act? (California, United States of America)
Are civil proceedings and legal actions under the California Civil Code privileged activity? (California, United States of America)
In a personal injury action brought by a defendant in a civil case, is there any issue to argue on defendant's behalf? (California, United States of America)
What is the test for a civil action under Section 1983 of the Civil Code of Civil Procedure? (California, United States of America)
What is the difference between a personal and official capacity civil action and a civil action for deprivation of federal rights? (California, United States of America)
In what circumstances will the Supreme Court strike down a section of the Civil Rights Act that prohibits the use of certain types of civil rights, such as civil liberties, as well as those of the individual, in the context of civil liberties? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.