Van Audenhove v. Perry

Opinion

RAMIREZ, P. J.

—Dirck Van Audenhove sued Robert D. Perry for malicious prosecution, alleging that Perry contacted the police and falsely accused him of stalking, and that the police arrested him, but the district attorney’s office ultimately declined to prosecute. The trial court sustained a demurrer and dismissed the action, on the ground that the complaint failed to allege a prosecution, as required for a claim of malicious prosecution.

We will hold that a cause of action for malicious prosecution cannot be premised on an arrest that does not result in formal charges (at least when the…