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STANWYCK v. HORNE

Docket No. 65657.

146 Cal.App.3d 450 (1983)

194 Cal. Rptr. 228

STEVEN J. STANWYCK, Plaintiff and Appellant, v. DAVID HORNE et al., Defendants and Respondents.

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

August 24, 1983.

Attorney(s) appearing for the Case

COUNSEL

Arthur E. Schwimmer for Plaintiff and Appellant.

Waters, McCluskey & Corcoran, Paul N. Gautreau, Spector, Buter & Cone, Irwin Buter, Salley E. Dichter, Peterson, Lawrence, Bower & Baraban, Cheryl B. McDonald and Thomas I. Friedman for Defendants and Respondents.

Herbert M. Rosenthal, Truitt A. Richey, Jr., and Robert M. Sweet as Amici Curiae on behalf of Defendants and Respondents.

OPINION

LUI, J. —

SUMMARY

The Rules of Procedure of the State Bar of California (Rule(s)) provide for an independent investigation of complaints made by persons against attorneys. Where such an investigation occurs or is presumed to have occurred, no action for malicious prosecution will lie even if the bar proceedings are terminated in favor of the attorney.

(1) (See fn. 1.) FACTUAL

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