Civil Procedure
Nov. 4, 2024
The new legal recourse for judgment debtors in ex parte proceedings
The Ex Parte Loophole: California courts likely will adopt an exception to malicious prosecution requirements which otherwise require favorable termination when an ex parte has been granted with no opportunity to be heard.
Allan J. Favish
Senior Counsel, Parker Shaffie LLP
Legal practitioners representing judgment debtors may have an easier burden when pursuing malicious prosecution claims. Traditionally, to succeed in a malicious prosecution claim, a plaintiff must prove the underlying legal proceeding was terminated in their favor. However, this requirement may not apply if the proceeding arises from a wrongful ex parte proceeding in which your client was not given an opportunity to be heard, and in which often, a creditor obtains a court ord...
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