Tag Archives: Malicious prosecution
Attorneys (& Plaintiffs) Need “Probable Cause” to Bring a Lawsuit
VALID LAWSUITS REQUIRE PROBABLE CAUSE Malicious prosecution generally requires a plaintiff (and, sometimes, his or her lawyer) pursuing a lawsuit which was brought without probable cause. In simple terms, “probable cause” means a reasonable belief that the lawsuit is valid, based on the objective facts and circumstances of the relevant case. Lawsuits brought without probable cause… Read More »
What is Malicious Prosecution?
WHAT IS MALICIOUS PROSECUTION? In simple terms, “malicious prosecution” occurs when a plaintiff brings a lawsuit against a defendant with “malice”–specifically, with wrongful ulterior motives–and without probable cause to justify pursuit of a lawsuit. Malicious prosecution takes many forms, and occurs frequently in California (as elsewhere). While proving malicious prosecution can be tricky, malicious prosecution claims… Read More »
