CEQA Plaintiffs Beware: Meritless Lawsuits May Be Subject To Counter-Claims for Malicious Prosecution
By EsqSocial Corporation 24/05/21
In Jan Dunning et al. v. Kevin K. Johnson, APLC et al., the Fourth District Court of Appeal held that a developer and property owner could pursue its claims against a neighbor and project opponent for malicious prosecution after the developer successfully defended a meritless CEQA lawsuit against its construction of a private secondary school project. The Fourth District found that the developer established a probability of prevailing on its malicious prosecution claim by presenting evidence...
By: Downey Brand LLP