Tag Archives: claims
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 »
Proving Causation of Injuries on Public Lands
AS IN OTHER INJURY CASES, PLAINTIFFS MUST PROVE THEIR INJURIES WERE CAUSED BY THE HAZARDOUS CONDITION ON PUBLIC LANDS. Even if a plaintiff complies with the relevant claim presentation procedures, properly pleads each element of his or her case, and proves the existence of a dangerous condition on public lands, the plaintiff must still… Read More »