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Malicious Prosecution
What is Malicious Prosecution?
A malicious prosecution claim in California can be brought by you if you suffered damages as the result of someone else filing a frivolous lawsuit against you.
Civil Lawsuit
It is a civil, not a criminal case when there is a claim of malicious prosecution. Lawsuits filed for the purpose of causing harm; lawsuits for the purpose of harassing; and lawsuits without merit are addressed in this claim.
Criminal Cases
Falsely accusing a person of a crime and filing criminal charges can lead to a great deal of harm. A person who has been falsely accused may file a civil lawsuit for malicious prosecution against the person who falsely accused them.
“Malicious Prosecution”
Malicious prosecution in California is a cause of action for those who file frivolous lawsuits and cause damage as a result. There are certain elements that must be proved by the plaintiff (injured party) to establish these causes of action.
Elements Malicious Prosecution
In California, a malicious prosecution claim must contain four main elements. In the absence of probable cause, a claim is without merit if it is filed with an inappropriate purpose. It is examined in each case to see if the case was brought against an individual who shouldn't be named in the lawsuit.
Malice or Malicious Intent: If the frivolous lawsuit was filed ill-intentioned, not by accident, the litigant must have had some evil intention. Malice would not be involved in accidentally naming a wrong party in a lawsuit. In the lawsuit for malicious prosecution, the plaintiff must prove that the previous lawsuit was defeated at least under the claims filed in the new lawsuit (a "favorable termination"). Economic damages can be considered as well as non-economic damages. Economic damages must be proven at trial.
In order to prove his or her claim, an injured party needs to prove all elements. Any element of this cause of action that cannot be proven at trial will result in loss.
The Jury’s Consideration
By a preponderance of the evidence, a plaintiff claiming malicious prosecution must prove that: the defendant actively initiated the lawsuit; that prior action concluded in the plaintiff's favor; and that a reasonable attorney or reasonable person in the defendant's circumstances would have believed that the defendant was not guilty of the claim. Were reasonable grounds to bring the underlying action against the plaintiff; that the defendant acted primarily for a purpose other than succeeding on the merits of the claim; that the plaintiff was harmed by the underlying case; and that the defendant’s conduct was a substantial factor in causing the plaintiff’s harm.
Each of these elements must be proven by the trial court jury, except for the second pertaining to whether the prior lawsuit ended in the plaintiff's favor. The trial court judge must decide whether that occurred.
Preponderance Of The Evidence
Unlike the "beyond a reasonable doubt" standard used for criminal trials, a preponderance of evidence standard is less strict. Preponderance of the evidence is defined in California law as the amount or weight of evidence on one side outweighing the amount or weight of evidence on the other side. Weight refers to the capacity of the evidence to convince a jury that it is credible, not the quantity or number of witnesses. In order to satisfy this burden, a jury must determine that the plaintiff proved their case more than 50% of the way.
Filing A Lawsuit For A Frivolous Criminal Charge
A false accuser may be held liable in California, via a civil lawsuit for malicious prosecution, if they falsely accuse a person of a crime. Falsely accused individuals can file civil lawsuits if: they were falsely accused; they plead not guilty; and the charges against them are subsequently dismissed.
Not Favored in California
California generally discourages claims for malicious prosecution unless certain circumstances apply. The majority of plaintiffs in these cases lose on summary judgment. This can have a chilling effect on legitimate lawsuits filed by innocent plaintiffs who have suffered injuries because of the actions of others. Consequently, the law and California courts examine cases very carefully to determine whether a cause of action for malicious prosecution exists.
It is not true that a wronged person can't sue in California because it does not favor these types of lawsuits. When the right case exists, the law strictly protects the injured party because not only is a frivolous case harmful to the injured person, but it is also harmful to the administration of justice and the American system of law.
Damages Recoverable
An individual can recover economic and non-economic damages if their malicious prosecution claim is successful. You can be awarded economic damages by the court, including but not limited to attorney fees, lost wages due to time in trial or incarceration, costs of litigation, costs of bail bonds, costs of medical treatment, and other financial losses.
Plaintiffs can win non-economic damages in addition to the plaintiff's economic damages. These damages include pain and suffering, humiliation, loss of reputation, embarrassment, and emotional distress.
Furthermore, a plaintiff may also be allowed to recover punitive damages, which are usually far more substantial than compensatory damages. Individuals who suffer damages as a result of a frivolous civil or criminal lawsuit can prove their damages and receive compensation for the losses they have suffered with the assistance of an attorney.
Deadline to Sue
A malicious prosecution suit has a one-year or two-year statute of limitations. A defendant who is an attorney usually faces a one-year limit.