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
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  • 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.

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