Legal Question in Civil Litigation in California
fradulent law suit, lost by plaintiff
I had a thriving small restaurant, my partner was bought out by a man, that in three short months ruined my business, and then suid me for 65,000. Every claim against me was a lie, he knew i did not have the money for a lawyer, and expected to win by default. But i stuck with it as pro per, and after almost a year, he lost his suit against me. The Judge mentioned something to his lawyer about a problem with documents, they had none to back their claims, The whole things was very stressful, not to mention I should of suid him. Can I now sue him for what he put me thru for a year, not to mention ruined my business, I lost everything the house i was renting, my life was just ruined.Can he be suid for a fradulent lawsuit.
2 Answers from Attorneys
Re: fradulent law suit, lost by plaintiff
There is the possibility of suing him for malicious prosecution -- which means that you are suing him for commencing (and losing) a frivolous lawsuit against you. However, a malicious prosecution claim is difficult to prove. You usually have to show that the person who sued you did so without justification and for an improper purpose. Is this the case in your situation? Without more facts, I don't know.
Please feel free to contact me if you would like ot discuss this further.
Re: fradulent law suit, lost by plaintiff
In addition to what my colleague states, there's also a possibility you could sue his attorney if he did not do reasonable investigation or, during the lawsuit realized that his client was a liar and cheat, and yet pursued it anyway. Talk to a lawyer in your area about it. Many bar assn. referral services provide a low-priced half-hour consultation. Bring key documents with you.
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