LOSSING v. SUPERIOR COURT

Docket No. A043549.

207 Cal.App.3d 635 (1989)

255 Cal. Rptr. 18

LAWRENCE G. LOSSING, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; JENNIFER MASON et al., Real Parties in Interest.

Court of Appeals of California, First District, Division Five.

January 27, 1989.


Attorney(s) appearing for the Case

COUNSEL

Jess B. Millikan, Andrew B. Downs, Neil E. Olson and Derby, Cook, Quinby & Tweedt for Petitioner.

No appearance for Respondent.

William H. Ahern and Ahern & Mooney for Real Parties in Interest.


OPINION

KING, J.

In this case we hold that a malicious prosecution action against an attorney will not lie for failing to prevail on an order to show cause re contempt brought to enforce a discovery order in ongoing litigation. If the proceeding was brought in bad faith or for harassment or misuse of the discovery process, the appropriate relief is an award of sanctions against the attorney.1

Petitioner...

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