DeRosa v. Transamerica Title Insurance

Opinion

JOHNSON, J.

Plaintiff James A. DeRosa (DeRosa) appeals from a summary judgment entered in his action against respondents Transamerica Title Insurance Co. (Transamerica) and Gary S. Smolker (Smolker) for malicious prosecution. We conclude the trial court properly concluded there was no triable issue of fact concerning whether DeRosa was guilty of unclean hands and affirm the judgment.

Statement of Facts and Proceedings Below.

On March 7, 1979, Transamerica opened an escrow account for the sale of real property by DeRosa and a couple named Wolen to Marilyn Lapitan (Lapitan). A quitclaim…