California, United States of America
The following excerpt is from Khodayari v. Ardalan, B239102 (Cal. App. 2013):
"'The common law tort of abuse of process arises when one uses the court's process for a purpose other than that for which the process was designed.' (Rusheen v. Cohen [(2006)] 37 Cal.4th [1048,] 1056.) 'To succeed in an action for abuse of process, a litigant must establish that the defendant (1) contemplated an ulterior motive in using the process, and (2) committed a willful act in the use of the process not proper in the regular conduct of the proceedings.' (Id. at p. 1057.)" (JSJ Limited Partnership v. Mehrban (2012) 205 Cal.App.4th 1512, 1522.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.