When the criminal action was filed against him

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Question: Kevin Sancho was criminally charged with serious physical injuries allegedly committed against Russell Westbrook. During the pendency of the criminal case, Russell Westbrook filed a separate civil action for damages based on the injuries he had sustained.

Kevin Sancho filed a motion to dismiss the separate civil action on the ground of litis pendentia, pointing out that when the criminal action was filed against him, the civil action to recover the civil liability from the offense charged was also deemed instituted. He insisted that the basis of the separate civil action was the very same act that gave rise to the criminal action. Rule on Kevin Sancho' motion to dismiss, with brief reasons.

 

Reference no: EM133375842

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