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  5. 75 Cal.Rptr.2d 118 (1998)
 

SAGONOWSKY v. MORE

Nos. A078201, A078305.

75 Cal.Rptr.2d 118 (1998)

64 Cal.App.4th 122

Christina M. SAGONOWSKY et al., Plaintiffs and Appellants, v. Antonia L. MORE, Defendant and Respondent. Stefan MROZOWSKI, Plaintiff and Appellant, v. Antonia L. MORE, Defendant and Respondent.

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

As Modified on Denial of Rehearing June 22, 1998.

Review Denied August 19, 1998.

Attorney(s) appearing for the Case

Eugene R. Oreck, Oreck and Oreck, Oakland, for appellants Sagonowsky et al.

Robert G. Padrick, Law Offices of Robert G. Padrick, San Francisco, for Appellant Mrozowski.

George J. Ziser, Jason E. Lee, Larson & Burnham, Oakland, for Defendant and Respondent.

POCHE, Associate Justice.

This case arising out of a real estate dispute raises the novel claim of whether an award made in a commercial contractual arbitration can form the basis for a subsequent action for malicious prosecution. We hold in the circumstances presented by this case that it cannot.

In January 1991 plaintiff Christina Sagonowsky bought a four-unit apartment in San Francisco. The contract of sale contained a

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