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RUBIN v. GREEN

Docket No. S025858.

4 Cal.4th 1187 (1993)

847 P.2d 1044

17 Cal. Rptr.2d 828

GERALD S. RUBIN, Plaintiff and Appellant, v. NORMA GREEN et al., Defendants and Respondents.

Supreme Court of California.

April 5, 1993.

Attorney(s) appearing for the Case

COUNSEL

Grebow & Barish, Arthur Grebow, Patricia A. Brown, Lincoln Stone and Susan Gruskin for Plaintiff and Appellant.

David Spangenberg, Hart, King & Coldren, Robert S. Coldren, John H. Pentecost, Lawrence R. Bujold, Rubenstein & Bohachek, Earl L. Bohachek, Daniel J. Popeo and Richard A. Samp as Amici Curiae on behalf of Plaintiff and Appellant.

Musick, Peeler & Garrett, Harry W.R. Chamberlain II, Birgit Sale, Mary Catherine M. Bohen, Matthew P. Stone and Joseph D. Rubin for Defendants and Respondent.

Richard N. Bates, Robert C. Fellmeth, Crosby & Stanton, Bruce E. Stanton, Altshuler, Berzon, Nussbaum, Berzon & Rubin, and Fred H. Altshuler as Amici Curiae on behalf of Defendants and Respondents.

OPINION

ARABIAN, J.

At common law, barratry was "the offense of frequently exciting and stirring up suits and quarrels" (4 Blackstone, Commentaries 134) and was punished as a misdemeanor. A statutory version of the crime survives today, although it is seldom prosecuted, perhaps because of the requirement that the proof show the defendant "excited" at least three groundless suits "with a corrupt or malicious intent to vex and annoy...

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