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."
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Civil Procedure Updates
State, 9th Circuit, California |
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.
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