Defeating Extortion and Abuse of Process in All Their Ugly Disguises
Handling Extortion – Both the criminal and civil
“Pay me or I’m going to the police…” “Pay me or I will tell the press about you…”
Or perhaps someone has filed a lawsuit against you that has an ulterior motive. These actions might or might not be an abuse of process, a tort in the state of California — or worse, the tort (and potential crime) of extortion. Whether you are owed money and frustrated, or are on the receiving end of demands, you may need legal advice from a professional team of Los Angeles lawyers.
Extortion is not only a criminal act, but also a tort that may be addressed directly, with or without law enforcement. California’s common law allows for a civil cause of action to recover damages due to extortion – including by the wrongful threat of criminal or civil prosecution or tortious interference. In order to assert a claim for extortion, there must have been a threat of prosecution accompanied by knowledge of the falsity of the claim, and the wronged party must have paid the money demanded. See Fuhrman v. California Satellite Systems (1986), 179 Cal. App. 3d 408, overruled on other grounds, Silberg v. Anderson (1990), 50 Cal. 3d 205.
Abuse of Process – Identifying Abuse of Process
Identifying Abuse of Process
As distinguished from extortion, abuse of process is the actual filing of a lawsuit or the taking of other legal action, to achieve a purpose unrelated to the substance or merits of the legal action. To prove an abuse of process, a plaintiff must show that the defendant entertained an ulterior motive in using the legal process, and committed a willful act in a wrongful manner. See Coleman v. Gulf Insurance Group (1986) 41 Cal.3d 782, 792. “The gist of the tort is the misuse of the power of the court: It is an act done under the authority of the court for the purpose of perpetrating an injustice, i.e., a perversion of the judicial process to the accomplishment of an improper purpose. Younger v. Solomon (1974), 38 Cal.App.3d 289, 297.
Identifying Extortion
Extortion is defined by California’s Penal Code §518 as the obtaining of property from another, with his or her consent induced by a wrongful use of force or fear. Fear, for purposes of extortion, may be induced by a threat, either to accuse the individual threatened of any crime, or to expose, or impute to the threatened individual any deformity, disgrace, or crime. See Pen. Code, §519.
A threatened action does not have to be illegal for extortion to have occurred. For example, if a person threatens to report an actual crime to the police, the action that is threatened – the reporting of a crime – is not illegal. However, when the threat is coupled with a demand for money, the threat may become illegal and may constitute extortion. “It is the means employed to obtain the property of another which the law denounces, and though the purpose may be to collect a just indebtedness arising from and created by the criminal act for which the threat is to prosecute the wrongdoer, it is nevertheless within the statutory inhibition. The law does not contemplate the use of criminal process as a means of collecting a debt.” Flatley v. Mauro (2006), 39 Cal. 4th 299, 303. In other words, it is the use of fear as a weapon in order to obtain money or property from another which the law condemns, even if the money or property is rightfully owed.
Extortion can occur whether or not the victim is guilty of the crime or indiscretion with which he or she is being threatened. Additionally, the crime or indiscretion does not need to be specific – the accusation need only be such as to put the victim in fear of being accused of some crime. In fact, many extortionists use vague and general accusations in order to magnify the fears of the victim, and in order to protect themselves from prosecution in the event that the attempt fails to extract money.
Identifying When a Situation is Abuse of Process AND Extortion
Threatening criminal prosecution in an effort to gain some advantage in civil litigation can be abuse of process and extortion. For example, in Miguel Mendoza v. Reed Hamzeh (2013) 215 Cal. App. 4th 799, attorney Hamzeh was seeking to recover money owed to his client by Mendoza. He wrote a letter to Mendoza’s attorney stating that, if Mendoza did not pay the money owed, Hamzeh would proceed with filing a civil complaint, as well as reporting Mendoza to the Attorney General, the District Attorney, the Internal Revenue Service, and the Better Business Bureau. The attorney was sued for civil extortion. It is irrelevant whether Mr. Mendoza indeed owed the money, or even whether he should indeed have been reported to the Attorney General, District Attorney, IRS, etc… What the attorney did wrong was to use the fear of that reporting to demand money from Mendoza.
Often, people who are guilty of indiscretion or who do owe money, turn the tables on the extortionist – who may quickly be moved from aggrieved plaintiff to a defendant. The lessons of the David Letterman affair are clear. Demand money for anything that even looks like or smells like an offer to “keep quiet,” and you may very well find yourself sued and/or prosecuted. source
Learn more…
What’s the Difference between Abuse of Process and Malicious Prosecution?
What is Abuse of Process? When the Government Fails Us
Defeating Extortion and Abuse of Process in All Their Ugly Disguises
The Use and Abuse of Power by Prosecutors (Justice for All)
When The Prosecution Drops Charges
The Primary Caregiver Pretrial Diversion Act – SB 394
What is a pretrial diversion program?
Learn more about these sujects
- Malicious Prosecution
- Prosecutional Misconduct
- Vindictive Prosecution
- Retaliatory Prosecution
- Abuse of Process
Selected Issues in Malicious Prosecution Cases
Malicious Prosecution / Prosecutorial Misconduct
Vindictive Prosecution – Georgetown University
VINDICTIVE AND SELECTIVE PROSECUTION
What is Abuse of Process?
Defeating Extortion and Abuse of Process in All Their Ugly Disguises
What’s the Difference between Abuse of Process and Malicious Prosecution?
Malicious Prosecution Actions Arising Out Of Family Law Proceedings: Proceed Carefully
Frivolous, Meritless or Malicious Prosecution
SCOTUS Makes It Easier To Sue Police And Prosecutors For Malicious Prosecution
Prosecutional Misconduct – SCOTUS Rulings re: Prosecutors
National District Attorneys Association – National Prosecution Standards – NDDA
What Happens If Charges Are Dropped Before Trial?
Functions and Duties of the Prosecutor – Prosecution Conduct
Possible courses of action Prosecutorial Misconduct
Misconduct by Judges & Prosecutor – Rules of Professional Conduct
PC 1385 – Dismissal of the Action for Want of Prosecution or Otherwise
Thomp$on v. Clark – Maliciou$ Pro$ecution
Reichle v. Howards (2012) – Retaliatory Prosecution Claims Against Government Officials –1st Amendment
People v. Superior Court (Greer) 5th & 8th Amendment – Bias / Malicious Persecutor
Hartman v. Moore (2006) –Retaliatory Prosecution Claims Against Government Officials – 1st Amendment
What is a Fiduciary Duty; Breach of Fiduciary Duty
Epic SCOTUS Decisions
To Learn More…. Read MORE Below and click the links Below
Abuse & Neglect – The Mandated Reporters (Police, D.A & Medical & the Bad Actors)
Mandated Reporter Laws – Nurses, District Attorney’s, and Police should listen up
If You Would Like to Learn More About: The California Mandated Reporting LawClick Here
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Mandated Reporter formMandated ReporterFORM SS 8572.pdf – The Child Abuse
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Learn More About True Threats Here below….
We also have the The Brandenburg v. Ohio (1969) – 1st Amendment
CURRENT TEST = We also have the The ‘Brandenburg test’ for incitement to violence – 1st Amendment
We also have the The Incitement to Imminent Lawless Action Test– 1st Amendment
We also have the True Threats – Virginia v. Black is most comprehensive Supreme Court definition – 1st Amendment
We also have the Watts v. United States – True Threat Test – 1st Amendment
We also have the Clear and Present Danger Test – 1st Amendment
We also have the Gravity of the Evil Test – 1st Amendment
We also have the Elonis v. United States (2015) – Threats – 1st Amendment
Learn More About What is Obscene…. be careful about education it may enlighten you
We also have the Miller v. California – 3 Prong Obscenity Test (Miller Test) – 1st Amendment
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Learn More About Police, The Government Officials and You….
$$ Retaliatory Arrests and Prosecution $$
Anti-SLAPP Law in California
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We also have the Lozman v. City of Riviera Beach, Florida (2018) – 1st Amendment – Retaliatory Police Arrests
We also have the Nieves v. Bartlett (2019) – 1st Amendment – Retaliatory Police Arrests
We also have the Hartman v. Moore (2006) – 1st Amendment – Retaliatory Police Arrests
Retaliatory Prosecution Claims Against Government Officials – 1st Amendment
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Retaliatory Prosecution Claims Against Government Officials – 1st Amendment
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Vermont’s Top Court Weighs: Are KKK Fliers – 1st Amendment Protected Speech
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ARE PEOPLE LYING ON YOU? CAN YOU PROVE IT? IF YES…. THEN YOU ARE IN LUCK!
Penal Code 118 PC – California Penalty of “Perjury” Law
Federal Perjury – Definition by Law
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Penal Code 148.5 PC – Making a False Police Report in California
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FAM § 3027.1 – Attorney’s Fees and Sanctions For False Child Abuse Allegations – Family Code 3027.1 – Click Here
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New Supreme Court Ruling – makes it easier to sue police
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Pen. Code, § 1424 – Recusal of Prosecutor
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The Ethical Obligations of Prosecutors in Cases Involving Postconviction Claims of Innocence
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Prosecutor’s Duty Duty to Disclose Exculpatory Evidence Fordham Law Review PDF
Chapter 14 Disclosure of Exculpatory and Impeachment Information PDF
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Removing Corrupt Judges, Prosecutors, Jurors and other Individuals & Fake Evidence from Your Case
Obstruction of Justice and Abuse of Process
What Is Considered Obstruction of Justice in California?
Penal Code 135 PC – Destroying or Concealing Evidence
Penal Code 141 PC – Planting or Tampering with Evidence in California
Penal Code 142 PC – Peace Officer Refusing to Arrest or Receive Person Charged with Criminal Offense
Penal Code 182 PC – “Criminal Conspiracy” Laws & Penalties
Penal Code 664 PC – “Attempted Crimes” in California
Penal Code 32 PC – Accessory After the Fact
Penal Code 31 PC – Aiding and Abetting Laws
What is Abuse of Process? When the Government Fails Us
What’s the Difference between Abuse of Process, Malicious Prosecution and False Arrest?
Defeating Extortion and Abuse of Process in All Their Ugly Disguises
The Use and Abuse of Power by Prosecutors (Justice for All)
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Due Process vs Substantive Due Process learn more HERE
Understanding Due Process – This clause caused over 200 overturns in just DNA alone Click Here
Mathews v. Eldridge – Due Process – 5th & 14th Amendment Mathews Test – 3 Part Test– Amdt5.4.5.4.2 Mathews Test
“Unfriending” Evidence – 5th Amendment
At the Intersection of Technology and Law
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so if you are interested in learning about Introducing Digital Evidence in California State Courts
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CACI No. 1501 – Wrongful Use of Civil Proceedings
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Suppression Of Exculpatory Evidence / Presentation Of False Or Misleading Evidence – Click Here
Notice of Appeal — Felony (Defendant) (CR-120) 1237, 1237.5, 1538.5(m) – Click Here
California Motions in Limine – What is a Motion in Limine?
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Complete and submit the Government Claim Form, including the required $25 filing fee or Fee Waiver Request, and supporting documents, to the GCP.
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Do Grandparents Have Visitation Rights? If there is an Established Relationship then Yes
Third “PRESUMED PARENT” Family Code 7612(C) – Requires Established Relationship Required
Cal State Bar PDF to read about Three Parent Law –
The State Bar of California family law news issue4 2017 vol. 39, no. 4.pdf
Distinguishing Request for Custody from Request for Visitation
Troxel v. Granville, 530 U.S. 57 (2000) – Grandparents – 14th Amendment
S.F. Human Servs. Agency v. Christine C. (In re Caden C.)
9.32 Particular Rights – Fourteenth Amendment – Interference with Parent / Child Relationship
Child’s Best Interest in Custody Cases
When is a Joinder in a Family Law Case Appropriate? – Reason for Joinder
Joinder In Family Law Cases – CRC Rule 5.24
GrandParents Rights To Visit
Family Law Packet OC Resource Center
Family Law Packet SB Resource Center
Motion to vacate an adverse judgment
Mandatory Joinder vs Permissive Joinder – Compulsory vs Dismissive Joinder
When is a Joinder in a Family Law Case Appropriate?
Kyle O. v. Donald R. (2000) 85 Cal.App.4th 848
Punsly v. Ho (2001) 87 Cal.App.4th 1099
Zauseta v. Zauseta (2002) 102 Cal.App.4th 1242
S.F. Human Servs. Agency v. Christine C. (In re Caden C.)
Retrieving Evidence / Internal Investigation Case
Conviction Integrity Unit (“CIU”) of the Orange County District Attorney OCDA – Click Here
Fighting Discovery Abuse in Litigation – Forensic & Investigative Accounting – Click Here
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APPLICATION TO EXAMINE LOCAL ARREST RECORD UNDER CPC 13321 Click Here
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Request for Proof In-Custody Form Click Here
Request for Clearance Letter Form Click Here
Application to Obtain Copy of State Summary of Criminal HistoryForm Click Here
Request Authorization Form Release of Case Information – Click Here
Texts / Emails AS EVIDENCE: Authenticating Texts for California Courts
Can I Use Text Messages in My California Divorce?
Two-Steps And Voila: How To Authenticate Text Messages
How Your Texts Can Be Used As Evidence?
California Supreme Court Rules:
Text Messages Sent on Private Government Employees Lines
Subject to Open Records Requests
case law: City of San Jose v. Superior Court – Releasing Private Text/Phone Records of Government Employees
Public Records Practices After the San Jose Decision
The Decision Briefing Merits After the San Jose Decision
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Rules of Admissibility – Evidence Admissibility
Confrontation Clause – Sixth Amendment
Exceptions To The Hearsay Rule – Confronting Evidence
Prosecutor’s Obligation to Disclose Exculpatory Evidence
Successful Brady/Napue Cases – Suppression of Evidence
Cases Remanded or Hearing Granted Based on Brady/Napue Claims
Unsuccessful But Instructive Brady/Napue Cases
ABA – Functions and Duties of the Prosecutor – Prosecution Conduct
Frivolous, Meritless or Malicious Prosecution – fiduciary duty
Police BodyCam Footage Release
Electronic Audio Recording Request of OC Court Hearings
Cleaning Up Your Record
Penal Code 851.8 PC – Certificate of Factual Innocence in California
Petition to Seal and Destroy Adult Arrest Records – Download the PC 851.8 BCIA 8270 Form Here
SB 393: The Consumer Arrest Record Equity Act – 851.87 – 851.92 & 1000.4 – 11105 – CARE ACT
Expungement California – How to Clear Criminal Records Under Penal Code 1203.4 PC
How to Vacate a Criminal Conviction in California – Penal Code 1473.7 PC
Seal & Destroy a Criminal Record
Cleaning Up Your Criminal Record in California (focus OC County)
Governor Pardons – What Does A Governor’s Pardon Do
How to Get a Sentence Commuted (Executive Clemency) in California
How to Reduce a Felony to a Misdemeanor – Penal Code 17b PC Motion
Epic Criminal / Civil Right$ SCOTUS Help – Click Here
Epic Parents SCOTUS Ruling – Parental Right$ Help – Click Here
Judge’s & Prosecutor’s Jurisdiction– SCOTUS RULINGS on
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Family Treatment Court Best Practice Standards
Download Here this Recommended Citation
Please take time to learn new UPCOMING
The PROPOSED Parental Rights Amendment
to the US CONSTITUTION Click Here to visit their site
The proposed Parental Rights Amendment will specifically add parental rights in the text of the U.S. Constitution, protecting these rights for both current and future generations.
The Parental Rights Amendment is currently in the U.S. Senate, and is being introduced in the U.S. House.
