Skip to main content

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

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

Posted

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 you in any way I can, within those limits. I wish to make clear I am only communicating with you for the sole purpose of exchanging such general information, and nothing more. It is not legal advice, which I can not provide because among other reasons I know few of the necessary details of your situation. I do not purport to represent you in any way, shape or form. Of course, if you would like to seek out my services, and if you are a NY resident, I will probably not put up very much resistance but representation would still necessitate a signed retainer agreement between yourself and I. Thank you.

Mark as helpful

Posted

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.smallclaimsappeals.com Adam@SmallClaimsAppeals.com This posting is provided for “information purposes” only and should not be relied upon as "legal advice". Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different states.

Mark as helpful

Posted

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.

Mark as helpful

Personal injury topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics