MABIE v. HYATT

Docket No. B109104.

61 Cal.App.4th 581 (1998)

PAUL D. MABIE as Trustee, etc., Plaintiff and Appellant, v. KATHY HYATT et al., Defendants and Respondents.

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

February 13, 1998.


Attorney(s) appearing for the Case

COUNSEL

Robinson & Wisbaum and Michael W. Robinson for Plaintiff and Appellant.

Reback, Hulbert, McAndrews & Kjar and John M. Caron for Defendants and Respondents.


OPINION

ZEBROWSKI, J.

This case concerns what ought to be a well-settled question: A plaintiff files a complaint containing two claims. The first claim is supported by probable cause. The second claim is not supported by probable cause. Instead, it is motivated by malice. The defendant successfully defends both claims. May the defendant now sue for malicious prosecution of the unsupported...

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