Can I sue plaintiffs lawyer in Small Claims for "malicious prosecution” He filed the same case, same facts after I won ?

Asked almost 2 years ago - Irvine, CA

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?

Attorney answers (3)

  1. Adam Jay Jaffe

    Pro

    Contributor Level 15

    Answered . No, but you can sue the party.

    -Adam Jaffe Law Office of Adam Jay Jaffe PO Box 2437 Camarillo, CA 93011-2437 (805) 504-2223 www.... more
  2. Richard Andrew Harting

    Pro

    Contributor Level 18

    Answered . 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.

  3. Robert A. Stumpf

    Contributor Level 19

    Answered . I very much doubt you can sue the other party's lawyer for anything. He won case for his client, which is his job. He doesn't have a duty to you beyond his usual ethical responsibilities.

    This is AVVO, a place for users to obtain general legal information to general legal questions. I am glad to help... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,467 answers this week

3,176 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,467 answers this week

3,176 attorneys answering