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Proving the “Prior Action” Requirement of a Malicious Prosecution Case
When a party prevails in a legal proceeding, he or she sometimes will seek further vindication by way of a malicious prosecution action. However, no matter how frivolous the prior […]
Why Appellate Briefing Rules Matter
This post is the third in an ongoing series about maximizing a party’s chances of prevailing on appeal. California appellate courts impose specific requirements on how arguments are to be presented […]
Potential Defendants in a Malicious Prosecution Case
Malicious prosecution actions in California are complex. Filing and defending such actions require the handling attorney to have a deep understanding of the interplay of anti-SLAPP law, SLAPP-back actions and […]
The Perils of In-House Counsel Simultaneously Representing Company and Employee
In Yanez v. Plummer (Nov. 5, 2013, C07026), the Third Appellate District issued an opinion highlighting the perils for an in-house lawyer who simultaneously represents the company and an employee. […]