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

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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Richard Farkas
Law Offices of Richard D. Farkas

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