Legal Question in Civil Litigation in California

My adversary, not a peace officer, called the police on me and then wrote a falsified statement in a Citizens� Arrest, which resulted in my arrest. Would I have an exemplary cause of action in a civil suit for libel and/or fraud against my adversary?


Asked on 9/29/14, 1:19 am

4 Answers from Attorneys
Kelvin Green The Law Office of Kelvin Green

Your only cause of action would be malicious prosecution. Probably the only way to get past anti- SLAPP. You will have to prove it was false.

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Answered on 9/29/14, 5:41 am
Anthony Roach Law Office of Anthony A. Roach

You would have a case for malicious prosecution if the criminal proceeding terminated in your favor.

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Answered on 9/29/14, 5:58 am
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

If you can prove that the statement was false, you can proceed with a malicious prosecution action.

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Answered on 9/29/14, 1:45 pm
Terry A. Nelson Nelson & Lawless

NO.

Before you have ANY claim against him, you have to obtain a dismissal of the charges or win at trial. Only then can we discuss potential claims. All your allegations will be raised in your defense in court on his charges against you.

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Answered on 10/03/14, 5:38 pm


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