Lumpkin v. Friedman

Opinion

COMPTON, J.

In this action for malicious prosecution the trial court sustained a demurrer to plaintiff’s first amended complaint and dismissed the action. The trial court concluded that plaintiff had failed to plead properly that the previous underlying action had been terminated favorably to her. By taking judicial notice of the file in the previous action the trial court concluded that it would be impossible for plaintiff ever truthfully to plead that essential element of a cause of action for malicious prosecution. We disagree and reverse.

The case presents a novel issue which appears…