AZ Common Law Causes of Action ABUSE OF PROCESS (2011)

• Jurisdiction: Arizona

ABUSE OF PROCESS

Elements

“The elements of an abuse-of-process claim are (1) a willful act in the use of judicial process; (2) for an ulterior purpose not proper in the regular conduct of the proceedings.” Crackel v. Allstate Ins. Co., 208 Ariz. 252, 257, ¶ 11, 92 P.3d 882, 887 (App. Div. 2, 2004).

Proof

“[A] plaintiff must prove that one or more specific judicially sanctioned processes have been abused to establish an abuse-of-process claim.” Crackel v. Allstate Ins. Co., 208 Ariz. 252, 257, ¶ 14, 92 P.3d 882, 887 (App. Div. 2, 2004).

“[A] plaintiff must show that the defendant’s improper purpose was the primary motivation for its actions, not merely an incidental motivation.” Crackel v. Allstate Ins. Co., 208 Ariz. 252, 262, ¶ 18, 92 P.3d 882, 892 (App. Div. 2, 2004).

“[T]o demonstrate a defendant’s primary motive was improper, a claimant must establish...