Walton

Rossdale Grp., LLC v. Walton

Good Law
12 Cal. App. 5th 936·2017 Cal. App. LEXIS 557·219 Cal. Rptr. 3d 605
Court of Appeal of CaliforniaJune 15, 2017H043476California3,792 words

Opinion

Lead Opinion

Rushing, J.

*939 INTRODUCTION

We are asked in this appeal to reverse a dismissal of a malicious prosecution lawsuit. Defendant and respondent Timothy Walton (Walton) asked the trial court to dismiss the case for lack of standing and lack of jurisdiction because the named plaintiff, The Rossdale Group, LLC, was only a fictitious business name and the entity to which that name was registered was a dissolved Florida limited liability company called Miami Legal Resources, LLC. Because no legitimate standing or jurisdictional issue was raised by Walton's motion, we will reverse.

*607 FACTUAL AND PROCEDURAL BACKGROUND

This lawsuit had its genesis in an earlier action filed in 2010 by Walton against a defendant he called The Rossdale Group, LLC (Rossdale). Walton, who the complaint in this case alleges is a licensed California attorney, "maintained a litigation factory" by "placing dozens of e-mail addresses on the Internet," collecting " 'spam' " messages sent to those addresses, and then demanding "compensation" for supposed violations of California law. After Rossdale refused to pay in response to a demand letter for "prohibited forms of e-mail advertising," Walton filed suit against Rossdale,…

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