Daniel v Robbins lawsuit 397

Premises Liability is another area of San Diego Personal Injury Law.

Daniels v Robbins,     182 Cal.App.4th 204(2010) (4/3) Anti-SLAPP motion properly granted. [1] Dismissal as a discovery sanction satisfies favorable termination element.  [2] Malice element may exist at case’s initiation or may arise duringlitigation.  [3] Malicious prosecution claim failed where no evidence showing lawyer knew action lacked probable cause, even though no discovery or investigation done, client (rather than lawyer) bore ill will.  Lawyer may rely on information from client. [4] Cost bill timely filed; CRC 3.1700 limits cost requests to 15 days after notice of entryof judgment.  An unsigned minute order is not a judgment.  [5] Coram vobis, a drastic remedy, denied where (a) proffered evidence would not change the result, and (b) where evidence unavailable due to extrinsic fraud.  San Diego personal injury attorney.

Comments are closed.