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 […]
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 […]
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 […]
