Is malicious prosecution and abuse of process an independent tort cause of action?
MultiRegion, United States of America
The following excerpt is from Joe Hand Promotions, Inc. v. Kurti, CASE NO. 14cv1277 (S.D. Cal. 2015):
Defendants' seventeenth and eighteenth affirmative defenses, malicious prosecution and abuse of process, are independent tort causes of action. They can be pled as counterclaims, but not as affirmative defenses. See Siebel v. Mittlesteadt, 41 Cal. 4th 735, 740 (2007).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a motion for an ex parte hearing be a cause of action for abuse of process? (federal, United States of America)
Under what circumstances will a cause of action for malicious prosecution lie? (MultiRegion, United States of America)
What are lawyer's and expert fees to the prevailing party in cases brought under a cause of action created by other causes of action? (MultiRegion, United States of America)
Is a claim for malicious prosecution or abuse of process cognizable under Section 1983? (MultiRegion, United States of America)
Does a dismissal for facial insufficiency constitute a cause of action for malicious prosecution? (MultiRegion, United States of America)
Is a statement of claim that pleads a cause of action that is beyond the court’s jurisdiction an abuse of its process? (Canada (Federal), Canada)
What is the test for probable cause probable cause of action in a case where a suitcase was found to contain contraband at an airport? (MultiRegion, United States of America)
Does the issue of abuse of process apply to abuse of power? (Canada (Federal), Canada)
What is the applicable limitation period for a claim for damages arising out of an action where the material facts underlying the cause of action became known? (Canada (Federal), Canada)
If a minor was a minor at the time of the sexual abuse, what is the impact of Section 2G2.2 of the Child Abuse Guideline on the sentence of a convicted child abuser? (MultiRegion, United States of America)
