California Court Clears Way for Malicious Prosecution Claim Against Attorney for Cannabis Dispensary

California Court Clears Way for Malicious Prosecution Claim Against Attorney for Cannabis Dispensary

Wykowski v. Chimienti, No. B293271, 2019 Cal. App. Unpub. LEXIS 7168, at *1 (Oct. 28, 2019) Brief Summary A California appellate court has cleared the way for a tax attorney named Henry Wykowski to pursue malicious prosecution claims against Frank Chimienti, the attorney for a cannabis dispensary, for his alleged involvement in a frivolous malpractice lawsuit. Wykowski had been sued by the dispensary and its owner after representing them in a negotiated settlement over tax deficiencies with IRS. In a subsequent action brought by Wykowski, this appellate court agreed with the trial court’s holding that Chimienti’s bid to bar the claim using California’s anti-SLAPP (“strategic lawsuit against public participation”) statute should be denied because Wykowski had demonstrated a probability of succeeding on the merits. The decision was premised on a finding that “Wykowski … made a prima facie factual showing that if Chimienti directed the filing of the malpractice lawsuit, he did so knowing it was not supported by probable cause.” Complete Summary This decision involved three litigation stages: an IRS proceeding against a marijuana dispensary Mid City Cannabis Club (“Mid City”) and its owner (Daniel Sosa); a legal malpractice lawsuit against Wykowski arising out of his representation of Mid City and…

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Source : CANNANNEW REPORT
Link to original : California Court Clears Way for Malicious Prosecution Claim Against Attorney for Cannabis Dispensary
reposted by Cannabis News World

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