Sagonowsky v. More

Opinion

POCHÉ, J.

This case arising out of a real estate dispute raises the novel claim of whether an award made in a commercial contractual arbitration can form the basis for a subsequent action for malicious prosecution. We hold in the circumstances presented by this case that it cannot.

In January 1991 plaintiff Christina M. Sagonowsky bought a four-unit apartment in San Francisco. The contract of sale contained a clause providing for commercial arbitration. In April Sagonowsky entered into a tenancy in common agreement with plaintiff Curtis Kekoa, Jr. (her then fiancé), plaintiff Stefan M.…