City of Long Beach v. Bozek

In City of Long Beach v. Bozek (1982) 31 Cal. 3d 527, the court evaluated whether a government entity could bring a malicious prosecution action against a citizen after his or her lawsuit against the government had terminated in the government's favor. Bozek recognized the government, like all defendants subjected to meritless litigation, was injured to the extent it was required to pay attorney fees to defend the lawsuit, and that the government's interest in recovering for this injury and in deterring unwarranted lawsuits was similar to a private person's interest. However, Bozek also acknowledged that a citizen's lawsuit against the government represents an aspect of the right to petition for redress of grievances, and the constitutional importance of that right provided a significant countervailing reason against recognition of the right of the government to sue for malicious prosecution. ( Bozek, supra, 31 Cal. 3d at pp. 531-534.) Bozek declined to recognize a right of the government to pursue a malicious prosecution action. However, an important reason for rejecting that cause of action was that "existing remedies are adequate to protect the interests of municipalities in obtaining compensation for the expenses incurred in defending against unwarranted lawsuits and in deterring improper suits in the future." ( Id. at p. 530.) Among the existing remedies that Bozek determined would reduce the impact of unwarranted and improper litigation were sanctions under section 128.5. Bozek concluded that "in order to avoid the chilling effect upon the constitutional right of petition that would result if we were to allow municipalities to maintain actions for malicious prosecution, we conclude the best course is to defer to the legislatively provided remedy." (Bozek, supra, at p. 538.) Thus, Bozek recognized that the government is injured by meritless suits, that the right to petition does not provide an absolute immunity to citizens who bring meritless suits, and the Legislature may by statute grant governments the ability to recoup their attorney fees.