What is the statute of limitations on PC459? 7 Answers as of March 02, 2011

We recently terminated an employee and she trespassed and burglarized our office, obtained financial data, is currently harassing my customers and defaming our character, and illegally providing them stolen financial information. She signed a non-disclosure too.

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Report this to the police or the district attorney. They will then handle it.
Answer Applies to: California
Replied: 3/2/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
What you describe is a second degree burglary (assuming the place of the business is a commercial building and not a residence). As this was recent, the statute of limitations is probably of no concern. Report the incident and cooperate with the cops. DO NOT TELL EX EMPLOYEE THAT YOU ARE GOING TO CALL COPS IF SHE DOESN'T ..... Such an act by you is extortion and a felony. Contact an attorney. Get a restraining order. File suit for the bresch od=f contract, interference of with an economic advantage, conversion and see if you can get a temporary freeze on known bank accounts. If she has or may have made any money from this you want to attempt a constructive trust for any assets she has to which she may have used the funds to obtain. Filing the civil action does not preclude a criminal action by the DA. You may also be able to move faster initially with a civil action than with a criminal one.
Answer Applies to: California
Replied: 2/22/2011
Law Office of Evan E. Zelig
Law Office of Evan E. Zelig | Evan E. Zelig
Generally, the statute of limitations for the filing of Felony charges on a violation of PC 459 is three years from the date of the offense. If the charges are misdemeanor charges then the statute of limitations is generally 1 years from the date of the offense. Different factors may affect the statute of limitations starting, and there are exceptions to the three years and one year rules, so I would advise contacting an attorney to discuss the specifics of your case. Thank you.
Answer Applies to: California
Replied: 2/22/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Longer than you need to worry about. You said recently. Immediately file a crime report with the police and press charges if that is your intent. You can also file civil suit for damages if appropriate. If the case has merit [likelihood of winning and the other side found liable], value [substantial provable damages, such as medical injuries and financial losses] and collectability [defendant with sufficient insurance coverage or available assets to collect against], feel free to contact me if serious about getting counsel. You may need to seek a restraining order to prevent further damage. I've been doing these cases for over 35 years.
Answer Applies to: California
Replied: 2/22/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Three years usually as long as the person has remained in California during that time.
Answer Applies to: California
Replied: 2/22/2011
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