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Tag: Abuse of Process

August 21, 2014

S.A. v. Maiden (2014) 229 Cal.App.4th 27

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Download Publication  The Fourth District holds an attorney who represented a client in a domestic violence restraining order proceeding is protected by the rule that family law motions do not give rise to malicious prosecution liability; the acts were not an abuse of process; and the litigation privilege barred tort claims. S.A. physically and emotionally […]

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May 17, 2012

JSJ Ltd. Partnership v. Mehrban 2012 WL 1739865

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Download Publication The Second District holds that an abuse of process and malicious prosecution complaint premised on the filing of a second disability rights lawsuit is constitutionally protected activity under the anti-SLAPP statute.  An abuse of process claim is barred by the litigation privilege.  A voluntary dismissal after a demurrer is sustained with leave to […]

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February 23, 2006

Rusheen v. Cohen (2006) 37 Cal.4th 1048

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Download Publication The Supreme Court holds that the litigation privilege protects a non-communicative act that derives from a communicative act. Barry Cohen used a process server’s declaration of personal service of a complaint and vexatious litigant order to obtain a default judgment against Terry Rusheen.  Cohen’s client filed a notice of foreign judgment in Nevada […]

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