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Old November 2, 2012, 10:21 PM   #24
Frank Ettin
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 8,750
Originally Posted by 62coltnavy
...Yesterday the intruder was convicted of felony attempted murder (Two counts( and other related crimes. Under Cakifornia Code section 847, ...

The case is essentialy dead in the water.
Excellent information and new information to me. And I suspect that you're probably correct that the civil case should now be dead.

However, Cutrufelli could still probably amend his civil complaint to allege that Mr. Leone's conduct resulting in Cutrufelli being shot was willful or wanton. I doubt that Cutrufelli could get anywhere with that, but it might take some discovery and a summary judgment motion for Leone to finally dispose of the civil suit.

And just for clarification, the correct citation is California Civil Code 847.
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper
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