Lujan v. Gordon

Opinion

FILES, P. J.

This case raises the issue whether an action for malicious prosecution may be maintained against a person who had no part in the commencement of the action, but who participated in it at a later time. Although the cases in point are sparse, they indicate that liability may be imposed against such a person.

The appeal is from an order dismissing the action as. to two defendants only, after their general demurrer to the second amended complaint had been sustained with leave to amend, and plaintiff declined to amend. The complaint alleges in effect that on December 14, 1965, an…