What constitutes abuse of process in civil law?

California, United States of America

The following excerpt is from Weisenburg v. Molina, 129 Cal.Rptr. 813, 58 Cal.App.3d 478 (Cal. App. 1976):

The jury was instructed as to what constitutes abuse of process in the following language: 'An abuse of process is the use of legal process for a purpose other than that which it was designed to accomplish. The essential elements of abuse of process are an ulterior purpose and a wilful act in the use of the process not proper in the regular conduct of the proceeding. (Authorities: Tellefsen v. Key System Transit Lines, 198 C.A.2d 611 (17 Cal.Rptr. 919); Spellens v. Spellens (4)9 C.2d 210 (317 P.2d 613).)'

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What constitutes abuse of process in civil law?

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