Cazares v. Church of Scientology of Cal., Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that cause of action for abuse of process would not lie where Church alleged no act other than the wrongful filing of a lawsuit
• holding that party’s claim for malicious prosecution did not accrue until appeal was concluded in that party’s favor in the underlying prosecution
• holding that “while the dismissal can be technically justified, it would serve no practical purpose under the circumstances”
• recognizing that rule 1.190(d) was modeled after federal rule 15(d
• \[t]he maliciousness or lack of foundation of the asserted cause of action itself is actually irrelevant to the tort of abuse of process.\
• “[A]buse of process requires an act consti tuting the misuse of process after it issues. The maliciousness or lack of foundation of the asserted cause of action itself is actually irrelevant to the tort of abuse of process.”

Source: CourtListener parenthetical corpus (CC0).