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Potential Defendants in a Malicious Prosecution Case

Malicious prosecution actions in California are complex. Filing and defending such actions require the handling attorney to have a deep understanding of the interplay of anti-SLAPP law, SLAPP-back actions and malicious...more

Three key questions to ask in evaluating any potential case for Malicious Prosecution

The complex tort of malicious prosecution is frequently threatened yet rarely fully understood. The elements of the claim are that a prior action (1) was commenced by or at the direction of the defendant and was pursued to...more

Frivolous Arguments Lead To Sanctions And Attorney Fee Award Against Defendant And His Law Firm

After protracted litigation in a probate matter was resolved in his favor, the trustee of an estate sued a trust beneficiary and his law firm for malicious prosecution. The defendants made a special motion to strike under the...more

Is It Prejudgment Or Postjudgment Interest? The Conclusion Can Make A Difference

In Lucky United Properties Investments Inc. v. Lee, 2013 DAR 1614 (2013), the California Court of Appeal for the First Appellate District decided when interest begins to accrue on an award of prejudgment interest in the...more

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