What Should You Do If Someone Files A Frivolous Lawsuit Against You?

No one wants to get sued by anyone for any reason. At best, the lawsuit will be covered by your insurance. Still, even then, you likely will face out-of-pocket expenses for deductibles, time lost from work because of the lawsuit, and the innumerable aggravations that come along with being on the receiving end of a lawsuit.

At worst, you bear all the legal and other expenses out of your own pocket. What could be worse than all that? Being the object of a lawsuit that has no merit whatsoever. You still have to fight that suit.

If you find yourself in such a situation, contact the California civil litigation lawyers of Maire & Deedon. They can help you with your situation.

Frivolous Lawsuits Happen For Many Reasons, But You Have Legal Options To Fight Back

Some people are just naturally combative. If they get into a conflict with someone, no matter how small or inconsequential, these people might threaten a lawsuit. Most often, the threat is empty – but sometimes, it isn’t. A dispute with someone like that can easily lead to an actual lawsuit, even if it is based on no true legal merit.

Fortunately, California has a legal provision to fight what is commonly called a “Strategic Lawsuit Against Public Participation.” This anti-SLAPP statute lets you file a motion to dismiss the suit as soon as it is filed. If the plaintiff – the person suing you – cannot show the suit is likely to succeed, the court can quickly dismiss the lawsuit and award you any attorneys’ fees and court costs incurred.

What’s more, California court rules require an attorney or the unrepresented person filing a lawsuit to sign all pleadings and other court filings, implicitly certifying that the lawsuit is legitimate. If the court finds the lawsuit to be frivolous, the attorney or person filing the lawsuit can be subject to sanctions. If the court finds that the plaintiff is a “vexatious litigant,” the court can, among other things, restrict that person’s ability to file further lawsuits in California.

One course of action if you are facing a frivolous lawsuit filed by someone with a history of suing people unsuccessfully is to promptly seek a mutually agreed dismissal. If that is not possible, you should file a motion to dismiss and, if possible, attempt to have the plaintiff declared a vexatious litigant. You might even want to consider filing a counterclaim.

If You Are Facing A Frivolous Lawsuit, You Should Talk To The Attorneys of Maire & Deedon

Whether it’s someone you bumped into while in line at a coffee shop who is now suing you for assault, a neighbor suing you for trespassing because you have shrubs “encroaching” on the neighbor’s property, or any other specious and clearly frivolous lawsuit that has no merit, you don’t want to face such a lawsuit on your own. It would help if you had the assistance of someone who knows the legal means to fight such a lawsuit as quickly and effectively as possible.

You can find lawyers to assist you with such a situation at Maire & Deedon. Talk to one of our Redding, CA, civil litigation attorneys today.