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Tag Archives: defenses

Is “Free Speech” a Defense to Negligence?

By Robert Ross |

IN CERTAIN CASES, THE EXERCISE OF CONSTITUTIONALLY PROTECTED RIGHTS CAN PROVIDE A DEFENSE TO NEGLIGENCE. Both the California constitution and the Constitution of the United States grant people certain rights–for example, the rights to peaceful assembly, freedom of speech, and the free exercise of religion. Religion may provide at least a partial defense to… Read More »

Limits on Malicious Prosecution Claims in California

By Robert Ross |

CERTAIN SITUATIONS BAR OR LIMIT MALICIOUS PROSECUTION CLAIMS Under California law, the existence of certain facts and situations can make it impossible (or difficult) to file a malicious prosecution claim. Generally, these situations create “privileges” on behalf of certain defendants (or potential defendants) rendering them immune from malicious prosecution suits or liable only in… Read More »

Defenses to Malicious Prosecution: The SLAPP Statute

By Robert Ross |

One of the most common defenses to a malicious prosecution action lies in California Code of Civil Procedure  § 425.16, also known as the SLAPP Statute. What is the SLAPP Statute? The Code of Civil Procedure states that “A cause of action against a person arising from any act … in furtherance of the person’s right… Read More »

Comparative Negligence: When the Victim is Also “Responsible”

By Robert Ross |

THE EXCEPTION: DRUNK DRIVING A few California courts have made an exception to this general rule of comparative negligence and percentage fault where injured plaintiffs knowingly opted to operate motor vehicles while intoxicated. In other words: plaintiffs who drive drunk may find themselves entirely unable to recover for injuries occurring while DUI. In the cases… Read More »

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