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STAFFPRO, INC. v. ELITE SHOW SERVICES, INC.

No. D045755.

39 Cal.Rptr.3d 682 (2006)

136 Cal.App.4th 1392

STAFFPRO, INC., et al., Plaintiffs and Appellants, v. ELITE SHOW SERVICES, INC., et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

February 24, 2006.

Attorney(s) appearing for the Case

Bacalski, Koska & Ottoson, Christopher J. Workman, San Diego, and Paul C. Johnson, Jr., for Plaintiffs and Appellants.

Gordon & Rees, Jan K. Buddingh, Jr., and Kenneth S. Perri, San Diego, for Defendant and Respondent Elite Show Services, Inc., Gus Kontopuls and John Kontopuls.

Klinedinst PC, Andrew N. Kohn, G. Dale Britton and Gregor A. Hensrude, San Diego, for Defendants and Respondents Rutherford & Rybacki and Matthew R. Rutherford.

IRION, J.

A plaintiff in a malicious prosecution action must demonstrate that the litigation alleged to have been maliciously prosecuted was pursued to a legal termination in the plaintiff's favor. The primary issue in this appeal is whether this "favorable termination" element can be established where a plaintiff prevailed on some, but not all, of the causes of action asserted against it in the complaint in the underlying...

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