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Tag: Malicious Prosecution

August 25, 2015

Xcentric Ventures, LLC v. Borodkin, 798 F.3d 1201 (2015)

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Download Publication The Ninth Circuit holds factual probable cause can be established even if some evidence supporting a cause of action is fabricated, and  legal probable cause can be established by even one supportive reported opinion. Xcentric Ventures was sued for extortion by Lisa Borodkin’s clients based on its business of encouraging online third party […]

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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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October 4, 2013

Yee v. Cheung 2013 WL 5496953

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Download Publication The Fourth District holds Code of Civil Procedure 340.6, the statute of limitations for claims premised on an attorney’s professional services, applies to a malicious prosecution claim.  Further, probable cause is established as a matter of law if a motion for nonsuit is denied in the underlying case.  A dispute arose between Don […]

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April 17, 2013

Kleveland v. Siegel & Wolensky, LLP, 2013 WL 1632656

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Download Publication The Fourth District holds a malicious prosecution claim against an attorney is subject to analysis under the anti-SLAPP statute, but the plaintiff met his burden to demonstrate a probability of prevailing on the merits.  The attorney filed and prosecuted a petition in probate court in bad faith to obtain an unequal division of a […]

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December 31, 2012

Silas v. Arden 2012 WL 6963524

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Download Publication The Second District holds that a case lacks probable cause if the attorney knows that the facts render an otherwise viable legal theory inapplicable, or continues to pursue a claim despite definitive evidence undermining it.  Further, case law holding the one year statute of limitations for claims against attorneys in their professional capacity […]

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June 12, 2012

Cole v. Patricia A. Meyer & Associates, APC (2012) 206 Cal.App.4th 1095

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Download Publication The Second District holds that attorneys’ passive role as standby counsel did not insulate them from liability for malicious prosecution. Raymond Boucher of Kiesel, Boucher, & Larson and Robert Ottilie were among several attorneys of record for plaintiffs in a shareholder derivative action against Christopher Cole and other directors of Peregrine Systems, Inc.  […]

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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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November 7, 2011

Roberts v. McAfee, Inc. 660 F.3d 1156 (9th Cir. 2011)

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Download Publication The Ninth Circuit holds that as long as a defendant has sufficient objectively reasonable evidence to suspect a crime, a plaintiff cannot establish lack of probable cause to support a malicious prosecution claim.  This is true even if a defendant has also provided false or exaggerated evidence to prosecutors.  Kent Roberts, general counsel […]

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February 4, 2010

Daniels v. Robbins – California Court of Appeal, Fourth District Case No. G039984 (February 24, 2010)

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Download Publication The Fourth District holds that dismissal as a discovery sanction can constitute a “favorable termination” for malicious prosecution purposes.  In Daniels v. Robbins, the Fourth District California Court of Appeal affirmed a judgment dismissing a malicious prosecution suit.  While the Court found the plaintiff’s evidence of malice lacking, it also noted that the […]

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July 16, 2007

Siebel v. Mittlesteadt (2007) 41 Cal. 4th 735

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Download Publication The Supreme Court holds that a post-trial settlement that does not amend an underlying judgment does not eliminate the “favorable termination” element of a malicious prosecution action. Debra Christoffers sued her employer, Siebel Systems, Inc.  (SSI) and the company’s chief executive officer, Thomas M.  Siebel for employment claims, alleging eight causes of action […]

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