This post is part of an ongoing series on California’s anti-SLAPP law from the perspective of Los Angeles appellate and trial attorney, Jeff Lewis. The First Amendment and California’s anti-SLAPP law have long been […]
Have you ever written or received a letter threatening a malicious prosecution action? Often times the people writing and sending such letters are unaware that a malicious prosecution action is […]
In a malicious prosecution action, the client who initiated the prior lawsuit has a unique defense available to him. He can assert “advice of counsel” and attempt to avoid liability. […]
In Copenbarger v. Johnson (Riverside Superior Court Case No. RIC 1313995 2014). Jeff Lewis represented a defendant sued for malicious prosecution. Mr. Lewis filed an anti-SLAPP motion resulting in the […]
The related torts of malicious prosecution and abuse of process both vindicate the important personal rights to be free from unwarranted or abusive litigation tactics. There are some important distinctions […]
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 […]
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 complex tort of malicious prosecution is frequently threatened yet rarely fully understood. The elements of the claim are that a prior action (1) was commenced by or at the direction of the defendant […]
The complex tort of malicious prosecution is frequently threatened yet rarely fully understood. One of the trickier elements to establish is that the prior action was filed and/or continued without probable cause. […]
The complex tort of malicious prosecution is frequently threatened yet rarely fully understood. One of the trickier elements to establish is a “favorable termination” of the prior action. Just because you won […]
The complex tort of malicious prosecution is frequently threatened yet rarely fully understood. The elements of the claim are that a prior action (1) was commenced by or at the […]
On January 4, 2012, the Fourth Appellate District, Division Three issued its opinion in the case of Rothman v. Masson. Mr. Lewis represented attorney Richard Masson in this appeal from […]