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BABB v. SUPERIOR COURT

Docket No. S.F. 22761.

3 Cal.3d 841 (1971)

479 P.2d 379

92 Cal. Rptr. 179

LEONA O. BABB et al., Petitioners, v. THE SUPERIOR COURT OF SONOMA COUNTY, Respondent; ROBERT S. HUNTINGTON, Real Party in Interest.

Supreme Court of California. In Bank.

January 15, 1971.

Attorney(s) appearing for the Case

COUNSEL

Timothy J. Crowley, in pro. per., for Petitioners.

Jack H. Werchick as Amicus Curiae on behalf of Petitioners.

No appearance for Respondent.

Bledsoe, Smith, Cathcart, Johnson & Rogers, Robert A. Seligson, Kenneth E. Nussbaum and John C. Shaffer, Jr., for Real Party in Interest.

OPINION

SULLIVAN, J.

The question confronting us here is whether a defendant in a civil action may file a cross-complaint therein seeking a declaratory judgment that the action is being maliciously prosecuted. (1a) We have concluded that precedent, principle, practicality and policy forbid such a cross-complaint, which entails the risk of discouraging legitimate claimants and, at least in the instant case, pits plaintiff...

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