Linda Boblitt made case law when she appealed the trial court’s decision to throw out her civil case against her batterer on the basis of issue preclusion. Linda Boblitt’s abuser’s lawyers argued that since incidents of domestic violence were brought up in the parties’ earlier divorce case, Linda Boblitt had no right to sue her ex-husband for his long history of physical and emotional abuse.
The appellate court reversed the trial court’s dismissal, holding that the party raising issue preclusion has the burden of “showing that the parties litigated in the dissolution proceeding all of the allegations of domestic violence on which Linda’s current tort action is based were, in fact, litigated and decided against her in the dissolution proceeding.” Boblitt v. Boblitt. 190 Cal.App.4th 606, 614, (2010).
Five years later, Linda Boblitt hired the Alipato Project to litigate the rest of her civil claim. See the news excerpt below:
“Canlas settled her first case in Sacramento County. Her client, Linda Boblitt agreed to a settlement of $13,500, a figure that Canlas believed was too low. Boblitt was exhausted from the arduous process and learned that the defendant did not have much more than $13,500 to give. Over the span of a few decades, Boblitt’s ex-husband had broken her jaw, knocked out her teeth, and hit her with a car…
After the settlement conference and the agreement, the judge gave Canlas some needed encouragement. “He told me, ‘Keep it up, you’re doing God’s work.'””
> read more in the East Bay Express!