Blog Home

Tag: Malicious Prosecution

March 20, 2002

Ted L. Vanzant v. DaimlerChrysler Corporation (2002) 96 Cal. App. 4th 1283.

Posted by: jab | Share | Comments Off on Ted L. Vanzant v. DaimlerChrysler Corporation (2002) 96 Cal. App. 4th 1283.

Download Publication The Second District holds that there can be no liability for continuation of a properly initiated existing proceeding. Ted Vanzant produced and sold radiator grille overlays for DaimlerChrysler Jeep vehicles.  In 1993, DaimlerChrysler sued Vanzant in federal court for trademark infringement, unfair competition, violation of Business & Professions Code § 17200 and dilution […]

Tags:
Categories: Legal Updates

December 24, 2001

Chavez v. Mendoza (2001) 94 Cal.App.4th 1083

Posted by: jab | Share | Comments Off on Chavez v. Mendoza (2001) 94 Cal.App.4th 1083

Download Publication A malicious prosecution action may be the subject of a special motion to strike under CCP §425.16, the anti-SLAPP statute.  Enriqueta Mendoza (“Mendoza”) sued Richard and Ina Chavez (“Chavez”) on various tort claims.  After the Chavez’s obtained a judgment in their favor, they filed a malicious prosecution action against Mendoza and her attorney. […]

Tags: ,
Categories: Legal Updates

April 18, 2001

Videotape Plus, Inc. v. Lyons (2001) 89 Cal.App.4th 156

Posted by: jab | Share | Comments Off on Videotape Plus, Inc. v. Lyons (2001) 89 Cal.App.4th 156

Download Publication Probable cause must support even “superfluous” causes of action to avoid potential malicious prosecution liability. Dubs, Inc. (“Dubs”) sued Videotape Plus, Inc., (“Videotape”) alleging a conspiracy with a Dubs’ supervisor to steal videotapes from Dubs’ warehouse.  Dubs’ complaint asserted causes of action for conversion, fraud, and negligence.  After Videotape obtained summary judgment, the […]

Tags:
Categories: Legal Updates

February 28, 2001

Ferreira v. Gray, Carey, Ware & Freidenrich, et al. (2001) 87 Cal.App.4th. 409

Posted by: jab | Share | Comments Off on Ferreira v. Gray, Carey, Ware & Freidenrich, et al. (2001) 87 Cal.App.4th. 409

Download Publication The Fourth District has decided that two traditional elements of malicious prosecution actions will be stringently applied.  In one case the court held that a voluntary settlement after a verdict negates the favorable termination element.  In another case, which has been accepted for review by the California Supreme Court, the court ruled that […]

Tags:
Categories: Legal Updates