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OPPENHEIMER v. TAMBLYN

Docket No. 22744.

162 Cal.App.2d 293 (1958)

327 P.2d 574

JOHN G. OPPENHEIMER, Appellant, v. W.D. TAMBLYN et al., Defendants; WAYNE S. VANCE, Respondent.

Court of Appeals of California, Second District, Division Three.

July 22, 1958.

Attorney(s) appearing for the Case

John G. Oppenheimer, in pro. per., for Appellant.

Roger Arnebergh, City Attorney (Los Angeles), and William B. Burge, Deputy City Attorney, for Respondent.

SHINN, P.J.

The present action is against W.D. Tamblyn, R.C. Briggs, Irving Gordon and Wayne S. Vance to recover damages for malicious prosecution. Vance demurred to the complaint. The court sustained his demurrer without leave to amend and entered judgment in his favor. Plaintiff appeals from the judgment dismissing the action as to Vance.

The complaint alleges: On or about February 15, 1955, defendants maliciously and without probable cause "instituted,...

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