Legal Question in Civil Litigation in California

In Pro Per Plaintiff (a disabled person) had a document server that has refused to serve court documents for Plaintiff anymore, because server was mistreated, harassed and was later denied entry to defendant's ( a property management company) counsel's office and the receptionists defamed server In front of others that were there waiting in the lobby. Server did nothing wrong and nothing illegal to warrant these actions from the Insurance Defense Law firm ,,,,,,

Plaintiff knows that this was a stonewalling tactic by defendant to stall and create undue burden on Plaintiff, because the firm all knew that the server was there to serve document on behalf of Plaintiff for a case that they knowingly are litigating against Plaintiff.,,,,,,

Can Plaintiff sue the law firm for Tortious or Interference of Business Relationship, because the firm interfered in Plaintiff's business relationship with server, since server has no longer serve any more documents for Plaintiff and Plaintiff has now suffered damages, because deadlines were not met because Plaintiff's server is no longer available to perform services for Plaintiff.,,,,,,,,,,,,

According to many case laws, the five elements for intentional interference with prospective economic advantage are:;;

(1) an economic relationship between the plaintiff and some third party, with the probability of future economic benefit to the plaintiff; ;;

(2) the defendant knowledge of the relationship;;;;

(3) intentional acts on the part of the defendant designed to disrupt the relationship;;;;

(4) actual disruption of the business relationship of Plaintiff;;;; and

(5) economic harm to the plaintiff proximately caused by the acts of the defendant ,,,,

Does Plaintiff have a legit case against the firm, since all 5 element are met?


Asked on 5/05/14, 6:41 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

You might want to research CCP 425.16, the anti- SLAPP statute, and whether it applies to the scenario you describe. If the defendant were to prevail on the motion brought under the statute, it could be awarded substantial attorney's fees. You should consider those risks before diverting your attention away from the current lawsuit.

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Answered on 5/06/14, 1:01 pm


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