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UMANSKY v. URQUHART

Docket No. 16050.

84 Cal.App.3d 368 (1978)

148 Cal. Rptr. 547

CHARLES UMANSKY, Plaintiff and Appellant, v. JOHN M. URQUHART et al., Defendants and Respondents.

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

August 29, 1978.

Attorney(s) appearing for the Case

COUNSEL

Hassard, Bonnington, Rogers & Huber, David E. Willet, A. Robert Singer and William J. Bauer for Plaintiff and Appellant. Stutz, McCormick & Mitchell and Sidney A. Stutz for Defendants and Respondents.

OPINION

WIENER, J.

(1a) This appeal raises the sole issue of whether the pleadings of a complaint against a physician requesting punitive damages for wrongful death, which failed to state a cause of action, can serve as the basis for the tort of abuse of process. For the reasons we set forth, we conclude the privilege of Civil Code section 47, subdivision 2 applies, and accordingly affirm the judgment in favor of defendants...

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