Clausen v. Carstens

Plaintiffs appeal a judgment against them in favor of defendants Carstens and Gillis (defendants) in this action for wrongful receivership, malicious prosecution and other torts. We reverse and remand.

Defendants are lawyers. They represented defendant Sharon Clausen (Sharon) during a bitter dissolution of her marriage to plaintiff Albert Clausen (Albert). As part of that representation they obtained an ex parte order appointing a receiver of Albert’s interests in two corporations and other property and a restraining order against banks in which he and the corporations had accounts. The court…