Gausvik v. Perez

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, INTER ALIA

MCDONALD, Senior District Judge.

BEFORE THE COURT are cross-motions for summary judgment filed by plaintiff and defendant Kenneth Badgley regarding Badgley’s counterclaim for malicious prosecution (Ct. Rec. 284 and 288). In order to properly address the collateral estoppel issue raised by plaintiff, these motions were stayed pending a decision from the Ninth Circuit Court of Appeals in Hidalgo v. Perez, CS-01-003-RHW. On March 31, 2005, the Ninth Circuit issued an opinion affirming the decision in Hidal-go granting summary…