Court Refuses to Strike Calif. Attorney's Claims Against Former Client

LOS ANGELES - A California appellate court has affirmed a lower court's refusal to strike an attorney's malicious prosecution claims against his former client, finding that the lawyer made a prima facie showing that no reasonable attorney would have recommended filing the underlying malpractice action. Ross v. Kish, No. B191132 (Calif. Ct. App., 2nd Dist.).

In a dispute that arose from allegations of fraud in a real estate sale, California's 2nd Appellate District also ruled Nov. 28 that attorney Wesley B. Ross prevailed in the malpractice action, which was dismissed when the former client refused to appear for deposition.