Can a wife bring a malicious prosecution action against her husband for his attorney's fees and costs?

California, United States of America


The following excerpt is from Crawford v. U.S. Bank Nat'Lass'N, A149617 (Cal. App. 2018):

"Nicholson v. Fazeli (2003) 113 [Cal.App.]4th 1091, 1100 [wife's malicious prosecution action was not barred by prior ruling in dissolution action denying her attorneys' fees and costs; primary rights intended to be vindicated by Family Code provisions for fees (adequate opportunity for all parties to litigate despite disparity in resources, and duty to cooperate and work toward settlement) were different from primary right involved in malicious prosecution (right to be free from malicious lawsuit)].

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
What is the statute of limitations for a malicious prosecution action against an attorney? (California, United States of America)
Can a plaintiff bring a malicious prosecution cause of action? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
Does the statute of limitation in a personal injury action against an attorney extend beyond the date of action against the attorney? (California, United States of America)
Can an attorney be held liable for malicious prosecution for continuing to prosecute a lawsuit discovered to lack probable cause? (California, United States of America)
Can a plaintiff maintain a malicious prosecution cause of action if the entire action in which it was filed has been terminated? (California, United States of America)
Does a cause of action for malicious prosecution arise prior to termination of the entire action? (California, United States of America)
Can a plaintiff in an inverse condemnation action bring a claim against the state for the costs of defending the action? (California, United States of America)
Can a party avoid liability for malicious prosecution claim if they relied on the advice of counsel in prosecuting the action? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.