Legal Question in Civil Litigation in California

Re: Malicious prosecution?

Malicious prosecution is one of the "disfavored torts", and the threshold to meet to succeed in prosecuting a claim for Mal Pro is very high. A fact finder would have to find that there was no reasonable basis for the Cross-Complaint. Tough hurdle. So what you need to do now, to try to set up the Mal Pro claim, is to tear apart the cross-complaint and move for, and obtain, summary judgment.

Presumably, any attorney with half a brain can serve some targeting discovery to your adversary, to necessary third parties, and then conduct a deposition or two. Then move for summary judgment. Once you obtain summary judgment, you are in a better position to assess what your likelihood is of prevailing on the merits of a Mal Pro claims.

The last thing you want is to send the Cross-Complaint to trial, especially in front of a jury. Anything less than an absolute, unqualified victory will likely mean no Mal Pro claim for you.

If you don't already have an attorney well-skilled in business litigation, find one soon. There are strict deadlines for discovery and making summary judgment motions. If you do not have an attorney and wish to consult at no charge, please call or email.

Good luck.

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Re: Malicious prosecution?

Sounds like a lawyer with good deposition skills could take the cross-complainant apart. How speculative is it to ruin someone's career by a slight delay? Perhaps your partner self-destructed. Good luck.

Re: Malicious prosecution?

it MAY be a case of malicious prosecution, however, you must first have a determination on the merits before you can sue. If you do, such a suit could be subject to a Special Motion To Strike called an Anti-SLAPP motion. If you are represented by counsel, your attorney should know these issues. If not, find a lawyer in your area immeidately.

Feel free to email me privately with further questions.

Re: Malicious prosecution?

In addition to the good advice you have already been given, consider that almost any determination short of a jury verdict finding 100% in your favor, may bar a malicious prosecution case. Malicious prosection (which is actually the criminal name, and not the civil cause of action) is a disfavored case. You really need to think long and hard about whether you want more litigation when this is all done.