Legal Question in Business Law in California
I'm looking for someone interested in a contingency case with intention to sue for a...frivolous lawsuit or abuse of the legal system (is that correct term?)
In 2003, I relocated a small business offices computer systems. and then provided weekly tech support for a further 7 years without incident.
The wealthy business owner, suffering continued reduced income due to the economy, began downsizing: Reducing his staff by 50% over the last of 1-2 years, requesting a reduction of the hrs needed to provide technical support to his office, and eventually, relocated to a smaller less expensive office. I was again tasked with moving his office computers and facilitating the installation of a new phone system. After completing the relocation (and having fallen behind in billing), and upon request for payment, He refused to pay several months of unpaid invoices in the amount of approximately $3500.00 without stating a cause, and terminated further support, I sued in small claims for non payment.
In response to the small claims case filed, He now alleges that the I misrepresented expertise, failed to provide services and abandoned the job during said office relocation, and subsequently filed a ridiculous claim in "an amount that exceeds $26500.00" - moving the case to superior court.
but he filed these claim knowing full well to the contrary (evidenced in email correspondence).
Is this legal? His claims are clearly meritless. I found he's sued three others for "fraud" or breach of contract" in the past.
Can anything be done to bring this career "sue for thousands, settle for less and get out of paying what he rightfully owes" person to justice?
3 Answers from Attorneys
You could theoretically sue for "abuse of process." If you settled with him this could well cripple any possible claim. Watch out for legal time limits.
I'm not sure "abuse of process" would be a proper claim. I think the proper claim would be for "malicious prosecution" after defending and winning. You really need to defend and win to establish the malicious or frivolous nature of a baseless lawsuit before you can counterattack.
ONLY IF you successful defended against him case and entirely won against him would you be able to consider pursuing such claims. If you settled, that is the end of it.
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