Supreme Court of California
Recently, the Legal Foundation joined a malicious prosecution case pending in the California Supreme Court. The case stems from a complaint filed by Thomas Siebel against two California trial attorneys. Siebel alleges that the two attorneys filed frivolous employment discrimination claims against him in order to force a settlement. The attorneys had represented a former employee who sued Siebel for sexual discrimination, fraud and unpaid commissions. The trial court entered judgment in favor of Mr. Siebel on all counts. Siebel has now sued the attorneys, Carol Mittlesteadt and Rick Buell for malicious prosecution based their representation of the former employee.
NFIB's amicus participation will be especially helpful to the court because it will address the practical problems caused by frivolous, "shakedown" lawsuits, the value of counter suits as a remedy, and the policy reasons for not setting the bar for malicious prosecution suits so high that it prevents unscrupulous plaintiffs' lawyers from being held accountable.
Status: DECIDED. Amici Curiae brief in support of Siebel filed May 20, 2005. Oral argument heard May 2, 2007. Court ruled in favor of Siebel July 16, 2007.
