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ROGERS v. PEINADO

No. A088891.

101 Cal.Rptr.2d 817 (2000)

85 Cal.App.4th 1

Mat J. ROGERS, Plaintiff and Appellant, v. Rene PEINADO et al., Defendants and Respondents.

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

Rehearing Denied December 28, 2000.

Attorney(s) appearing for the Case

Kenneth S. Katzoff, Robert R. Riggs, Sung E. Shim, Katzoff & Riggs, Berkeley, for plaintiff and appellant.

Samuel E. Meredith, Nicole L. Meredith, Vogl & Meredith, Stephen T. Gargaro, San Francisco, for defendants and respondents.

JONES, P.J.

Mat J. Rogers filed a complaint against Rene Peinado and his former attorneys, Herman A.D. Franck and Stephen Gargaro, alleging that they had maliciously prosecuted a counterclaim in a private arbitration of Rogers's action to foreclose on a mechanic's lien. Peinado, Franck and Gargaro demurred to the complaint, arguing that a malicious prosecution action could not be based on proceedings in a private contractual...

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