Steverding v. Nebel

By Judge Richard J. Jamborsky

This matter is before this court on the defendants’ demurrer or plea in bar. After considering the oral argument and reviewing the memoranda and independent research, the Court overrules the defendants’ demurrer or plea in bar.

In order to survive demurrer, an abuse of process action must sufficiently allege:(1) the existence of an ulterior purpose; and(2) an act in the use of the process (after initiating the proceedings) not proper in the regular prosecution of the proceedings.

These elements are satisfied.

The ulterior purpose is met by paragraph 8 of the…