Can a motion to disqualify counsel in a civil action be malicious?
California, United States of America
The following excerpt is from Bidna v. Rosen, 19 Cal.App.4th 27, 23 Cal.Rptr.2d 251 (Cal. App. 1993):
Most recently, Silver v. Gold (1989) 211 Cal.App.3d 17, 23-24, 259 Cal.Rptr. 185 held that an unsuccessful motion to disqualify counsel in a civil action had an in sufficiently independent existence to justify a malicious prosecution action.
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