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LUMPKIN v. FRIEDMAN

Docket No. 63728.

131 Cal.App.3d 450 (1982)

182 Cal. Rptr. 378

ELLA LUMPKIN, Plaintiff and Appellant, v. NATHANIEL J. FRIEDMAN, Defendant and Respondent.

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

May 5, 1982.

Attorney(s) appearing for the Case

COUNSEL

Feldman & Gordon and Phillip Feldman for Plaintiff and Appellant.

Lewis, D'Amato, Brisbois & Bisgaard, R. Gaylord Smith, David B. Parker and Deborah Dentler for Defendant and Respondent.

OPINION

COMPTON, J.

In this action for malicious prosecution the trial court sustained a demurrer to plaintiff's first amended complaint and dismissed the action. The trial court concluded that plaintiff had failed to plead properly that the previous underlying action had been terminated favorably to her. By taking judicial notice of the file in the previous action the trial court concluded that it would be impossible for plaintiff...

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