What is the test for an allegation of retaliation against a defendant in a civil case?

California, United States of America


The following excerpt is from People v. Padilla, A141223 (Cal. App. 2017):

really in retaliation for some right that the defendant had theretofore exercised, or attempted to exercise. If the assertion of such a claim required the prosecution to come forward with explanations of the motivations for exercise of its discretion to amend the charges, the defendant could delay the proceedings and deflect them from the true issue, the defendant's guilt or innocence." (People v. Farrow (1982) 133 Cal.App.3d 147, 152.)

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