PATTIZ v. MINYE

Docket No. B107591.

61 Cal.App.4th 822 (1998)

HENRY A. PATTIZ, Plaintiff and Appellant, v. HELEN MINYE et al., Defendants and Respondents.

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

February 19, 1998.


Attorney(s) appearing for the Case

COUNSEL

Peter M. Winkelman for Plaintiff and Appellant.

Early, Maslach, Price & Baukol, James Grafton Randall, Greines, Martin, Stein & Richland, Robert A. Olson, Alan Diamond, Haight, Brown & Bonesteel, Barry Z. Brodsky, Thomas N. Charchut and Jodi L. Girten for Defendants and Respondents.


OPINION

GILBERT, J.

Does the dismissal of an action for failure to comply with discovery orders constitute a favorable termination that may give rise to a malicious prosecution action?

No, not if there is a doubt as to the liability or innocence of the prevailing party in the action that was dismissed.

Henry A. Pattiz appeals a summary judgment in favor of defendants Helen Minye and Attorneys Timothy S. Harris and...

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