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DECISIONS Young’s e-mail address is gyoungnlj.com. attorneys may be liable for malicious prosecution not for merely filing a frivolous claim, but for continuing to prosecute the claim after discovering it has no merit, the California Court of Appeal said on July 1. Zamos v. Stroud, No. B160484. An ex-client sued the attorneys who represented her in a foreclosure suit for fraud, claiming they induced her to settle. The trial court granted the defendants’ motion for a nonsuit, finding that the transcripts of the hearings regarding the settlement of the foreclosure suit barred the claim. The defendants then filed a malicious prosecution suit against the lawyer who represented their former client in the fraud claim against them. The lower court dismissed the action, however, determining that there was probable cause to bring the fraud suit. Reversing, the appeals court pointed to evidence that the attorney in the fraud action discovered that the claim had no merit well after the filing of the suit. Months after the fraud action was filed, transcripts of the settlement of the foreclosure suit revealed that the client could not have relied on her former attorneys’ alleged promises in inducing her to settle as she had claimed. Two years after the suit was filed, there was still no evidence that the client had suffered damages as a result of her settlement of the foreclosure suit.

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