RAY v. FIRST FEDERAL BANK

Docket No. B109540.

61 Cal.App.4th 315 (1998)

DAVID L. RAY, as Receiver, etc., Plaintiff and Respondent, v. FIRST FEDERAL BANK OF CALIFORNIA et al., Defendants and Appellants.

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

February 4, 1998.


Attorney(s) appearing for the Case

COUNSEL

Chapman & Gluckman, Arthur J. Chapman and Craig A. Roeb for Defendants and Appellants.

Lebovits & David and Deborah A. David for Plaintiff and Respondent.


OPINION

FUKUTO, J.

This appeal concerns the element of favorable termination in the tort of malicious prosecution. The question presented is whether an action is favorably terminated if the trial court grants summary judgment to the defendant based on the statute of limitations, a procedural ground not bearing on the merits, but the reviewing court then affirms the judgment on grounds...

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