Law Practice,
Ethics/Professional Responsibility,
California Supreme Court
Aug. 18, 2017
Justices punted in Parrish decision
The decision is important because the state’s highest court has reaffirmed the strict definition of lack of probable cause applied in malicious prosecution cases, but the court left some issues open.
Roy G. Weatherup
Partner
Lewis, Brisbois, Bisgaard & Smith LLP
Certified Specialist in Appellate Law
633 W 5th St Ste 4000
Los Angeles , CA 90071
Phone: (213) 250-1800
Fax: (213) 250-7900
Email: Roy.Weatherup@lewisbrisbois.com
Roy has handled more than 1,100 appeals, 202 of which have resulted in published opinions. Mr. Feldman is national chair of the firm’s legal malpractice defense group.
Kenneth C. Feldman
Partner
Lewis, Brisbois, Bisgaard & Smith LLP
Certified Specialist in Legal Malpractice
633 W 5th St Ste 4000
Los Angeles , CA 90071
Phone: (213) 250-1800
Fax: (213) 250-7900
Email: Ken.Feldman@lewisbrisbois.com
Loyola Law School
Kenneth is firm-wide chair of the legal malpractice defense group at Lewis Brisbois. He is a certified specialist, legal malpractice law, State Bar of California Board of Legal Specialization, and is vice chair of the State Bar Legal Malpractice Law Advisory Commission. Mr. Feldman is the author of "California Legal Malpractice & Malicious Prosecution Liability Handbook."
In a unanimous decision in Parrish v. Latham & Watkins, the California Supreme Court affirmed a judgment in favor of the defendant law firm and one of its partners. The court found that probable cause existed as a matter of law for the prosecution of the underlying case, thereby negating the plaintiffs’ claim of malicious prosecution. 2017 DJDAR 7724 (Aug. 10, 2017). The court said a ruling on the merits in the underlying case reflectin...
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