Legal Opinion
Hindin v. Rust
California Court of Appeal
Decided May 24, 2004No. B160031PublishedCited by 16 opinions
1Opinion of the Court
Opinion
WOODS, J.
SUMMARY
The issue we consider in this appeal is whether, in the context of a malicious prosecution action, Code of Civil Procedure section 437c, subdivision (f)(1) permits summary adjudication on the ground that some but not all claims in a single underlying action were supported by probable cause. Because such a determination does not completely dispose of the entire malicious prosecution cause of action, we conclude that this statute does not permit summary adjudication under these circumstances. Therefore, in this case, the trial court’s grant of summary adjudication on this…
2Cases cited17 opinions
- Palma v. U.S. Industrial Fasteners, Inc.California Supreme Court · 1984
- Bertero v. National General Corp.California Supreme Court · 1974
- Bay Cities Paving & Grading, Inc. v. Lawyers' Mutual InsuranceCalifornia Supreme Court · 1993
- Crowley v. KatlemanCalifornia Supreme Court · 1994
- Sangster v. PaetkauCalifornia Court of Appeal · 1998
12 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Quiroz v. Seventh Avenue CenterCalifornia Court of Appeal · 2006
- Chavez v. Glock, Inc.California Court of Appeal · 2012
- Mt. Hawley Insurance v. LopezCalifornia Court of Appeal · 2013
- Ayala v. Frito Lay, Inc.District Court, E.D. California · 2017
- McCoy v. GustafsonCalifornia Court of Appeal · 2009
11 more not listed; retrieve them via the Exa API.