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Is a case for wrongful use of civil proceedings required to be pled with particularity?

Whitethorn, CA |

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Filed under: Lawsuits and disputes
Attorney answers 1


Abuse of process and malicious prosecution cases are not favored. I would say, yes, you need to plead the facts which give rise to your causes of action with particularity. In most cases, unless you are trained in the law and you have a viable cause of action, you will fall short and your pleading will be subject to demurrer. Good luck.

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Right you are! It did get demurred to, and was sustained with leave to amend. I did allege in the complaint that 1) defen dant ws actively involved in bringing a lawsuit (however, the lawsuit was a Restraining Order. A temporary was granted, but the permanent on was denied. A R/O is still considered a "lawsuit", right?) 2) It ended in my favor 3)That no reasonale person in defendan 'ts circumstances would've believed that there were reasonable grounds to bring the lawsuit against me, 4) that I was harmed and 5) that defendant's conduct was a substantial factor in causing that harm. Everything is provable except for #3 above. I figure that would be the point for the jury or the trier of facts to decide. I know I can't ask for legal advice here, but if I amended the cause of action to negligently filing a restraining order against me, would that be an acceptable cause of action?