California Courts of Appeal
Jun. 14, 2012
Attorneys face malicious prosecution claims
The 2nd District Court of Appeal reverses a trial court judge, allowing the claims to proceed.
By John Roemer
Daily Journal Staff Writer
Lawyers who appear on pleadings in an underlying case cannot avoid liability for malicious prosecution merely by showing they took a passive role as standby counsel who would try the case if it went to trial, the 2nd District Court of Appeal held in a ruling last week.
The ruling came after the court reviewed malicious prosecution and defamation claims by a litigant against attorneys in a prior shareholder action involving ...
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