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Pallares v. Seinar

756 S.E.2d 128 (2014)

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Pallares v. Seinar

South Carolina Supreme Court
756 S.E.2d 128 (2014)

Facts

Ursula Pallares (plaintiff) lived in the Shandon/Rosewood area of Columbia, South Carolina, near Sharon Seinar and Lisa Maseng (the neighbors) (defendants). Pallares alleged that the neighbors weaponized the legal system in order to drive her from her home. Specifically, she claimed they filed baseless code-violation complaints, instigated groundless criminal charges, petitioned for her involuntary mental commitment without legal authority, and sought restraining orders against her. Pallares filed suit against the neighbors, asserting, among other claims, malicious prosecution and abuse of process. Pallares submitted an affidavit from another neighbor who stated that she heard the neighbors make derogatory remarks about Pallares’s ethnicity and express a desire to have her removed from the neighborhood. The neighbors moved for summary judgment on these claims. The trial court granted the motion, finding that there was probable cause supporting one or more of the neighbors’ complaints. Pallares appealed. The South Carolina Supreme Court granted review.

Rule of Law

Issue

Holding and Reasoning (Beatty, J.)

Concurrence (Kittredge, J.)

Concurrence/Dissent (Toal, C.J.)

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