Lafayette, CA asked in Personal Injury, Civil Litigation and Libel & Slander for California

Q: What California civil code sections cover 1) Intentional Infliction of Emotional Distress, and 2) Malicious Prosecution?

Also, in civil action for (compensatory & punitive) damages for the torts above (would also include Abuse of Process), what burden of proof does Plaintiff need to show "factual innocence" for Malicious Prosecution?

If there is factual evidence (prima facie) of a deliberate/malicious fraudulent (civil) court filing, (said filing being the third filing within a series of (3) total similar actions, with the first two actions solely based on verbal claims with no physical evidence either way) filed by person A against person B, with person B claiming all (3) actions within said series are fraudulent, can the preponderance of the evidence standard (that a greater than 50% chance the first two filings are also fraudulent) legally be considered being that official factual innocence is generally extremely difficult to achieve, although I think official factual innocence can only be applied in criminal actions(?).

Thank you in advance. Your time and consideration is greatly appreciated!

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
Answered
  • Sacramento, CA
  • Licensed in California

A: I am not sure if there are official statutes covering these two civil wrongs. There is a plethora of case law and relevant jury instructions, though. See California Civil Jury Instructions (CACI) 1600 and California Civil Jury Instructions (CACI) No. 1501. Wrongful Use of Civil Proceedings.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.