Constantino Noval vs. Louisa Moritz

Opinion of the California Court of Appeal affirming dismissal of complaint for malicious prosecution and slander of title


Opinion of the California Court of Appeal affirming the dismissal of a complaint for malicious prosecution and slander of title against an attorney following a demurrer to the complaint. The Court of Appeal affirmed the dismissal of the malicious prosecution cause of action because "dismissal of an action for lack of standing, a jurisdictional defect, does not constitute a favorable termination for purposes of a malicious prosecution action. The dismissal of the slander of title cause of action (based on the recording of a lis pendens) was upheld because "recording a lis pendens is treated as a publication in a judicial proceeding even if the defendant acted with actual malice."

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

Reference Info:Decision | State, 9th Circuit, California | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Richard Farkas, Law Offices of Richard D. Farkas | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »


Reporters on Deadline

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.