Is the good faith reliance on counsel a complete defense to a malicious prosecution claim?
California, United States of America
The following excerpt is from Garcia v. S&J Farms, LLC, F072818 (Cal. App. 2018):
" 'Good faith reliance on the advice of counsel, after truthful disclosure of all the relevant facts, is a complete defense to a malicious prosecution claim.' " (Nunez v. Pennisi (2015) 241 Cal.App.4th 861, 876-877.) Appellants had the burden of proving the defense. (Id. at p. 877.) The jury was instructed on the defense and clearly rejected it when it found appellants liable for malicious prosecution.
"The most advanced legal research software ever built."
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.
Other Questions
Can a party avoid liability for malicious prosecution claim if they relied on the advice of counsel in prosecuting the action? (California, United States of America)
Is a prosecutor's comment that defense counsel was seeking to "distract the jury from the evidence as an attack on counsel's integrity a fair response to defense counsel's remarks? (California, United States of America)
Does trial counsel shirk his constitutional responsibility to provide competent counsel by failing to ask the court to instruct on a bogus self-defense defense? (California, United States of America)
Can a prosecutor impugently call the integrity of defense counsel by asserting defense counsel would lose their bar cards if they argued in favor of voluntary manslaughter? (California, United States of America)
How have courts treated "good faith" claims in the context of a claim that was asserted in good faith? (California, United States of America)
Can defense counsel argue that defense counsel failed to object to the foregoing procedure or request that written instructions be provided to the jury? (California, United States of America)
Does a prosecutor's comment that an experienced defense counsel will "twist and poke" at the prosecution's case constitute a personal attack on counsel's integrity? (California, United States of America)
In what circumstances will the court require a defense counsel to object to a motion where the trial atmosphere was poisonous, and the defense counsel did not object at all? (California, United States of America)
When a prosecutor asks a defense counsel a question in voir dire about rape and sexual assault, is the defense counsel's failure to object to the questions? (California, United States of America)
Can a prosecutor commit misconduct if he or she attacks the integrity of defense counsel or casts aspersions on defense counsel? (California, United States of America)
