Legal Opinion

Ross v. Kish

California Court of Appeal

Decided November 28, 2006No. B191132PublishedCited by 30 opinions

1Opinion of the Court

Opinion

KLEIN, P. J.

Thomas E. Kish appeals the denial of a special motion to strike (Code Civ. Proc., § 425.16) 1 a cause of action for malicious prosecution filed against him by his former attorney, Wesley Barrett “Barry” Ross. We affirm.

SUMMARY

Ross represented Kish in a real estate matter in which buyers of Kish’s real property sought between $325,000 and $435,000 in damages from Kish and others. The matter was resolved at mediation with Kish contributing $25,000 toward a total settlement of $120,000. Ross thereafter sued Kish in small claims court for approximately $4,000 in unpaid legal…

2Cases cited33 opinions

  1. Navellier v. SlettenCalifornia Supreme Court · 2002
  2. Equilon Enterprises v. Consumer Cause, Inc.California Supreme Court · 2002
  3. Sheldon Appel Co. v. Albert & OlikerCalifornia Supreme Court · 1989
  4. Jarrow Formulas, Inc. v. LaMarcheCalifornia Supreme Court · 2003
  5. Wilson v. Parker, Covert & ChidesterCalifornia Supreme Court · 2002

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3Cited by30 opinions

  1. Estate of Tucker Ex Rel. Tucker v. InterscopeCourt of Appeals for the Ninth Circuit · 2008
  2. Daniels v. RobbinsCalifornia Court of Appeal · 2010
  3. SYCAMORE RIDGE APARTMENTS LLC v. NaumannCalifornia Court of Appeal · 2007
  4. City of Costa Mesa v. D'Alessio InvestmentsCalifornia Court of Appeal · 2013
  5. Doubt v. Activision Publishing, Inc.California Court of Appeal · 2011

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