Does the court have any reasonable grounds to infer malice from evidence that a client filed a lawsuit for breach of contract and legal malpractice against his former attorney for the improper purpose of retaliation?

California, United States of America


The following excerpt is from Bhavnani v. Escobar, B221062, No. BC419659 (Cal. App. 2010):

6.Nor does Ross v. Kish (2006) 145 Cal.App.4th 188, 204, in which the court inferred malice from evidence that a client filed a lawsuit for breach of contract and legal malpractice against his former attorney for the improper purpose of retaliating against the attorney who sought to recover unpaid fees. In Kish, there was evidence supporting the inference of retaliation, as the allegations in the client's complaint were contradicted by his own prior statements lauding the attorney's work, expressing "'how happy he was with the result, '" and "'thank[ing] [the attorney] for getting him off so incredibly cheaply.'" (Id. at p. 196.) The client complained of his attorney's representation only after the attorney sought unpaid fees. (Id. at pp. 196, 204.) Here, there was no evidence supporting an inference of an improper motive.

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