Anyone can be sued by anyone else for anything. I don't know what California law says about immunity in a case like this.
http://www.insidebayarea.com/news/ci_21843732/marin-county-suspected-burglar-sues-90-year-old
http://www.insidebayarea.com/news/ci_21843732/marin-county-suspected-burglar-sues-90-year-old
Marin County: Suspected burglar sues 90-year-old man who shot him
By Gary Klien, Marin Independent Journal
Posted: 10/24/2012 07:35:08 AM PDT
MARIN COUNTY -- A 90-year-old Greenbrae man who was shot in the head during an alleged burglary has been sued by the alleged burglar.
Samuel Cutrufelli, who was also shot during the incident, claims Jay Leone "negligently shot" him during the confrontation inside Leone's home.
Cutrufelli, 31, claims Leone caused him "great bodily injury, and other financial damage, including loss of Mr. Cutrufelli's home, and also the dissolution of Mr. Cutrufelli's marriage."
Cutrufelli shot Leone once in the face during the alleged burglary, and Leone returned fire, hitting Cutrufelli several times. Both men were hospitalized for an extended period after the gun battle.
Cutrufelli, whose charges include two counts of attempted murder against Leone, is near the end of his criminal trial. The negligence lawsuit was filed on his behalf by his father and his criminal defense attorney........Read the rest at the link