What are the elements of a cause of action for abuse of process?
California, United States of America
The following excerpt is from Shartzer v. Israels, 51 Cal.App.4th 641, 59 Cal.Rptr.2d 296 (Cal. App. 1996):
The elements of a cause of action for abuse of process are an ulterior motive in using the process and the use of the process in a wrongful manner. (Abraham v. Lancaster Community Hospital (1990) 217 Cal.App.3d 796, 826, 266 Cal.Rptr. 360.) Neither of these elements are pled in plaintiff's complaint.
Contrary to the allegations of the complaint, the mental health records of a prosecuting witness in a criminal case are subject to subpoena. In People v. Reber
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