I evicted my tenant for breach of contract and non payment of rent. With same attorney he filed civil case against me for "malicious prosecution” He filed the same case, same facts after I won. They did not appear for case management, on court hearing his attorney appeared :
PREDISPOSITION HEARING HELD
ORAL MOTION BY PLAINTIFFS COUNSEL TO DISMISS CASEWITH PREJUDICE.
ON COURTS MOTION, CASE ORDERED DISMISSED WITH PREJUDICE AS TO ENTIRE ACTION. REASON: REQUEST BY PLAINTIFFS COUNSEL.
Can I sue the Lawyer in small claims to recover my expenses, fees and any other punitive damages? For "malicious prosecution” He filed the same case, same facts after I won UDR?
If I understand your question - You sued tenant for UD in small claims and prevailed. then tenant through his lawyer filed a malicious prosecution case against you in Superior Court.
Whatever happens in small claims is not res judicata (has no effect on) a Superior Court action. Superior Court goes by a different set of rules of evidence and procedure. Small Claims is the peoples court and is very lax on the rules.
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