Legal Question in Personal Injury in California
malicious prosecution vs. frivolous lawsuit?
I am being sued by my mother 89 and father 91. My mother actually brought the suit but my father's name is down as the plaintiff in the action.
I am there daughter, adopted by my father at four, and my mother, real mother, have had atroubled relationship. Bottom line she detests and has made remarks in letters and too people that she wishes I were dead, ''run over by a truck''. As she has gotten older she has become more and more vindictive and now the lawsuit.
She is in back of the lawsuit as my father would never sue me, never!
I have finished finished doing the first set of interrogatories and am about to send them back. I am attorney pro per. I have an attorney however he didn't take care of business in a timely manner and never returned calls, etc., so I paid him $1,0000 and I'm broke.
I'm 61, a resident of California, and unemployed.
What can I do as a defendant to shine some light on the fact that my mother is filing it just to hurt me.
Please explain difference between the two terms I mentioned at the beginning, and give a suggestion of what I can do now or later, for example if I lose the lawsuit?
1 Answer from Attorneys
Re: malicious prosecution vs. frivolous lawsuit?
The terms have similar meanings, that is that the suit has no factual basis, and provides grounds for a follow up suit after you win this one. Discovery is designed to bring out the facts that the cased has no basis, so you can file motions to dismiss, for summary judgment, etc. You need to know the proceedures or they won't work well for you. Contact your local Bar Association or Lawyer Referral to try to find an attorney willing to help pro bono or at reduced fee.
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