Constantino Noval vs. Louisa Moritz

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

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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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Published In: Civil Procedure Updates

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

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Richard Farkas
Law Offices of Richard D. Farkas

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