Malicious prosecution wrongful arrest unlawfully detained civil harassment. I have been arrested 4 times all of them citizens arrests. All charges dropped. There was a civil harassment restraining order in place that I stipulated to . After the fourth arrest went back to court and requested restraining order vacated./That was granted there is no restraining order it was said that there never was any harassment nor was there ever a credible threat of violence. My neighbors had me arrested for maintaining my easement . It has been said in court already that I have a right and a obligation to maintain my easement . I like what my neighbors had thought I had even shown my deeded easement to the officer's however xx law is the officer must arrest if a citizen demands citizens arrest and in fact could be really charged if they did not . The officer is not liable from what I understand for the arrest the citizen is liable and in my case four false arrests and all of the elements of malicious prosecution are involved . Very clearly in this case . I shared custody with two minor children that have not been my care last year because of all this with my neighbors have not been able to work . Until last week all of these cases were pending I could not get. Hired with all the legal, unnecessary issues I was forced to deal with ..I have suffered and lost so much because of this. In has been published in the paper. As a result of being arrested my losses are much greater than have listed here. Damages extend Family ,Personal ,financial, future . Lots of time with my children , my reputation . And now even my home in jeopardy of losing. I need to somehow recover my costs and losses My neighbors own their homehave many assets and they both receive retirement monthly. AdditionallyI'm sure they are covered on their homeowners insurance.my question is. Is this a lawsuit that an,attorney would take . On for percentage. Of the award, without money up front. What type of attorney would best suit this type of case. Any help or direction would be greatly appreciated. The attorney I have now is for criminal law defense does not take this type of case, xx County. California. Would be in xx County superior court, thank you
I understand xx has antislapp would that apply in this case. Additionally would homeowners policy cover my neighbors in this situation. Or this is a willful act that would not be covered. Also what kind of case would you classify this as. Thank you
Thank you for your response. The anti-slapp provision is designed to protect people from having suits filed against them for exercising their rights to free speech. To bring a an anti-slapp suit, you need to show that the plaintiff is suing you for an "act in furtherance of [your] right of petition or free speech under the United States or xx Constitution in connection with a public issue." Although people often use terms like "free speech" and "petition the government" loosely in popular speech, the anti-SLAPP law gives this phrase a particular legal meaning, which includes four categories of activities: 1) any written or oral statement or writing made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law; 2) any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law; 3) any written or oral statement or writing made in a place open to the public or a public forum in connection with an issue of public interest; or 4) any other conduct in furtherance of the exercise of the constitutional right of petition or the constitutional right of free speech in connection with a public issue or an issue of public interest. See: Cal. Civ. Proc. Code § 425.16. From what you state, it sounds more just like an abuse of process and malicious prosecution suit. It is not illegal for him to move his house into trust after he files charges or suit against you, it is against the Fraudulent Transfer Act to move property or assets when you know you are being sued to avoid paying a suit.
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