Recent Blog Posts
What is a Legal Nuisance?
People talk about “nuisances” all the time, mostly in the sense of things they find annoying or irritating. However, there is a type of nuisance that rises to the level of an actionable legal claim – and people can sue (and be sued) when a legally recognized nuisance is created or maintained. WHAT IS A LEGALLY… Read More »
When is an Action “Terminated” for Purposes of Malicious Prosecution?
THE UNDERLYING ACTION GIVING RISE TO MALICIOUS PROSECUTION CLAIMS MUST BE “FINALLY TERMINATED” BEFORE A PARTY CAN BRING THE CLAIM FOR MALICIOUS PROSECUTION. The elements of a successful malicious prosecution claim include “full, final, and favorable” resolution of the underlying claim. The “favorable” element must be fulfilled in favor of the party claiming malicious prosecution —… Read More »
When is a Lawsuit “Commenced” For Purposes of Malicious Prosecution?
MALICIOUS PROSECUTION CLAIMS APPLY ONLY TO LEGAL ACTIONS COMMENCED WITH LEGALLY SUFFICIENT MALICE AND WITH A LACK OF PROBABLE CAUSE. Although “commencement” of an action is not a specified element of a malicious prosecution claim, an action must be commenced before it can be “fully and finally terminated” — another element the plaintiff must prove to prevail… Read More »
The Elements of a Malicious Prosecution Claim
THE ELEMENTS OF MALICIOUS PROSECUTION In California, claims for malicious prosecution have four primary elements: 1. A legal action commenced or prosecuted without probable cause. Probable cause is generally analyzed on a claim-by-claim basis, meaning that even a single claim brought and prosecuted without probable cause may (but will not always) support a claim for… Read More »
Who Can Be Sued For Malicious Prosecution?
The law says that liability ultimately lies with those “responsible” for engaging in malicious prosecution. However, liability does not necessarily attach to everyone involved in the relevant legal action or proceeding. PARTIES TO LEGAL ACTIONS MAY BE HELD LIABLE FOR MALICIOUS PROSECUTION. Individuals (or entities) that unsuccessfully prosecute a legal action or engage in legal processes under inappropriate circumstances… Read More »
Proceedings That Do Not Support Malicious Prosecution Claims
NOT ALL LEGAL PROCEEDINGS SUPPORT MALICIOUS PROSECUTION CLAIMS Although many legal proceedings, civil and criminal, can support a claim for malicious prosecution when the elements of the claim are present, there are some types of proceedings which cannot form the basis of a malicious prosecution action. For various reasons, the law and California courts have placed… Read More »
What Kinds of Cases Can Support A Claim For Malicious Prosecution?
MALICIOUS PROSECUTION CLAIMS ARE NOT AVAILABLE IN ALL LEGAL CASES People are often confused by the difference between “malice,” as used in a layperson’s context, and malicious prosecution, which is a legal cause of action (a claim that can be brought before a court in proper circumstances). While people may act “maliciously” in a… Read More »
Limits on Malicious Prosecution Claims in California
CERTAIN SITUATIONS BAR OR LIMIT MALICIOUS PROSECUTION CLAIMS Under California law, the existence of certain facts and situations can make it impossible (or difficult) to file a malicious prosecution claim. Generally, these situations create “privileges” on behalf of certain defendants (or potential defendants) rendering them immune from malicious prosecution suits or liable only in… Read More »
Imposing Sanctions For Malicious or Frivolous Lawsuits
SANCTIONS ARE PENALTIES IMPOSED ON PEOPLE WHO ABUSE OR MISUSE THE LEGAL SYSTEM. In law and the legal system, “sanctions” refers to a variety of penalties that punish misuse of the law and/or the legal system. Sanctions, like punitive damages, exist to encourage compliance with the law (to discourage misuse of the system) and… Read More »
What is “Abuse of Process”?
ABUSE OF PROCESS CLAIMS ARISE WHEN SOMEONE MISUSES THE JUDICIAL PROCESS. “Abuse of process” is not merely a description of wrongful behavior; it is also a cause of action in California. Lawsuits for “abuse of process” arise when someone seeks to recover damages (normally, money) because someone else has attempted to use (or succeeded in… Read More »
