The civil lawsuit filed by former UFC heavyweight champion Cain Velasquez and his family will not be frozen.
According to Santa Clara County (Calif.) court documents, a motion to stay filed by defendant Paul Bender was denied Nov. 23 by Judge Socrates Peter Manoukian.
“This Court finds that the civil case may proceed with the issues raised in the civil complaint while the criminal case is pending subject to Mr. Bender asserting any Fifth Amendment right against self-incrimination. The motion of defendant Paul Bender to stay this civil action pending resolution of the criminal proceedings is DENIED,” Manoukian’s decision read.
Bender is the stepfather of accused child molester Harry Goularte, who was the alleged shooting target of Velasquez on Feb. 28. Bender and Goularte, along with Patricia Goularte and the family’s two businesses, are five defendants in a civil lawsuit filed by Velasquez and wife Michelle Velasquez in April.
Bender is the only defendant who has responded to the civil lawsuit as of this wring and denied allegations, according to online dockets. Due to struggles to reach the other four defendants, a judge recently ruled a summons by print in a local newspaper. A body attachment warrant was also filed for Patricia Goularte in Velasquez’s criminal case.
Goularte awaits a pre-trial hearing in January as he faces one felony count of lewd acts with a child after he allegedly touched Velasquez’s 4-year-old son at a daycare run by his mother Patricia. Goularte, who allegedly lived at the facility, pleaded not guilty in June.
Velasquez also pleaded not guilty as he faces a handful of criminal felonies, including attempted murder. Velasquez was arrested Feb. 28 after he allegedly pursued and shot at a vehicle that contained the Goulartes and Bender. Bender was struck in the arm during the gunfire, which resulted in a semi-debilitating injury.
After multiple failed attempts, Velasquez was granted $1 million bail Nov. 8. Additional bail stipulations include home containment, GPS monitoring, and more. Velasquez was also granted permission to travel to Tempe, Ariz., to work a professional wrestling match Saturday for Lucha Libre AAA Worldwide.
