Babb v. Superior Court

Opinion

SULLIVAN, J.

The question confronting us here is whether a defendant in a civil action may file a cross-complaint therein seeking a declaratory judgment that the action is being maliciously prosecuted, We have concluded that precedent, principle, practicality and policy forbid such a cross-complaint, which entails the risk of discouraging legitimate claimants and, at least in the instant case, pits plaintiff and her attorney against each other as adversaries.

The present petition arises out of an action for damages for medical malpractice brought by Leona O. Babb, through her attorney…