Thank you.Your Ex
Someone in your situation may wish to consider suing (irony not lost here) for malicious prosecution
and/or abuse of process
To previous on a malicious prosecution, one would have to show that defendant lacked probable cause for one of these causes of action. Soukup v. Law Offices of Herbert Hafif, 139 P. 3d 30 - Cal: Supreme Court 2006
. In other words, that there was never a case, and that it was dismissed.
The essential elements of abuse of process, as the tort has developed, have been stated to be: first, an ulterior purpose, and second, a wilful act in the use of process not proper in the regular conduct of the proceeding.... The improper purpose usually takes the form of coercion to obtain a collateral advantage, not properly involved in the proceeding itself, such as the surrender of property or the payment of money, by the use of the process as a threat or a club. There is, in other words, a form of extortion, and it is what is done in the course of negotiation, rather than the issuance of any formal use of the process itself, which constitutes the tort. Oren Royal Oaks Venture v. Greenberg, Bernhard, Weiss, 728 P. 2d 1202 - Cal: Supreme Court 1986
(citing Prosser, and internal citations omitted).
YES, the Court should have/may have thrown it out earlier, but it did not. One cannot sue the Judge here for not dismissing it earlier.Attorney
This is a different matter. Every case is different. If one feels that the attorney's charges were unethical or overbilled, then they can seek relief via CA Bar's fee dispute program. See here
. This is the BEST way to resolve the issue such as that.
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