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PACE v. HILLCREST MOTOR CO.

Docket No. 56792.

101 Cal.App.3d 476 (1980)

161 Cal. Rptr. 662

DEAN FRANCIS PACE, Plaintiff and Appellant, v. HILLCREST MOTOR COMPANY, INC., Defendant and Respondent.

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

January 28, 1980.

Attorney(s) appearing for the Case

COUNSEL

Dean Francis Pace, in pro. per., and Pace & Johnson for Plaintiff and Appellant.

Gary W. Sawtelle for Defendant and Respondent.

OPINION

FLEMING, J.

Plaintiff Dean Francis Pace appeals an order dismissing, without leave to amend, his action against Hillcrest Motor Company, Inc. for malicious prosecution. The issue is whether an action for malicious prosecution may be based on an alleged malicious institution of a small claims proceeding.

In May 1978 Hillcrest filed a claim against Pace in the small claims...

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