ROBERTS v. SENTRY LIFE INSURANCE

No. B125515.

90 Cal.Rptr.2d 408 (1999)

76 Cal.App.4th 375

Alan ROBERTS et al., Plaintiffs and Appellants, v. SENTRY LIFE INSURANCE et al., Defendants and Respondents.

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

Rehearing Denied December 13, 1999.

Review Denied February 16, 2000.


Attorney(s) appearing for the Case

Simke Chodos, David Manning Chodos, Richard A. Fond, and James Robertson Martin, Los Angeles, for Plaintiffs and Appellants.

Engstrom, Lipscomb & Lack and Paul W. Engstrom, Los Angeles, for Defendant and Respondent Sentry Life Insurance Company.

Dewey Ballantine and Richard J. Burdge, Jr., Los Angeles, for Defendants and Respondents Alan M. Albright, Robert W. Fischer, Jr., Byron O. Smith, Alan Wayte and Gary A. York.

Tuttle & Taylor and Diann H. Kim, Los Angeles, for Defendant and Respondent John H. Brinsley.

Hinshaw & Culbertson, Ronald E. Mallen, San Francisco, and Paul E. Vallone, for Defendants and Respondents certain former Adams, Duque and Hazeltine partners.1

Lynn M. Aylward-Bingman, San Diego, for Defendant and Respondent Terrance L. Bingman.

Jerald R. Cochran in pro. per., for Defendant and Respondent.

Bruce A Beckman in pro. per., for Defendant and Respondent.

Mitchell L. Lathrop, in pro. per., for Defendant and Respondent.

J. Joseph Connolly, in pro. per., for Defendant and Respondent.

Anna M. Martin for Defendant and Respondent Joseph M. Rimac.

Wilson B. Copes, in pro. per., for Defendant and Respondent.

Rex Heeseman, in pro. per., for Defendant and Respondent.

Frederick W. Lambert, in pro. per., for Defendant and Respondent.

Robert H. Roe, in pro. per., for Defendant and Respondent.

Sue J. Stott, in pro. per., for Defendant and Respondent.

Dale A. Welke, in pro. per., for Defendant and Respondent.


NEAL, J.

SUMMARY

In an action alleging malicious prosecution of an earlier suit, evidence that the trial court in the earlier suit denied a defense summary judgment motion establishes that there was probable cause to bring the earlier suit.

FACTS AND TRIAL COURT PROCEEDINGS

Appellants Alan Roberts, a doctor, and Alan Roberts M.D., Inc., Roberts' wholly owned personal corporation, were previously sued in federal court by respondent Sentry...

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