Lossing v. Superior Court

Opinion

KING, J.

In this case we hold that a malicious prosecution action against an attorney will not lie for failing to prevail on an order to show cause re contempt brought to enforce a discovery order in ongoing litigation. If the proceeding was brought in bad faith or for harassment or misuse of the discovery process, the appropriate relief is an award of sanctions against the attorney.

Petitioner Lawrence G. Lossing is a defense attorney in an underlying personal injury action filed on behalf of Jennifer and John Mason by their attorney William H. Ahern, real parties in interest herein.…