Is there an abuse of process in an action in which the opposing party prevailed and the judgment in his favor is final?
California, United States of America
The following excerpt is from Clark Equipment Co. v. Wheat, 154 Cal.Rptr. 874, 92 Cal.App.3d 503 (Cal. App. 1979):
Thus, there may be an abuse of process in an action in which the person obtaining issuance of the process has prevailed and in which the judgment in his favor is final (Tranchina v. Arcinas, supra, 78 Cal.App.2d 522, 178 P.2d 65; Christensen v. Younger, 47 Cal.App.3d 613, 619, 120 Cal.Rptr. 923).
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