SHERMAN WAY TOWNHOMES v. SUPERIOR COURT

No. B143003.

101 Cal.Rptr.2d 898 (2000)

85 Cal.App.4th 268

SHERMAN WAY TOWNHOMES, INC., et al., Petitioners, v. The SUPERIOR COURT of Los Angeles County, Respondent; Eugene H. Twarowski III, Inc., et al., Real Parties in Interest.

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

Review Granted January 30, 2001.

Review Transferred May 23, 2001.


Attorney(s) appearing for the Case

Richard D. Rome, Van Nuys, for Petitioners.

No appearance, for Respondent.

Hill, Farrer & Burrill and Scott L. Gilmore, Los Angeles, for Real Parties in Interest.


Review Transferred to Court of Appeal May 23, 2001.

CURRY, J.

The trial court overruled petitioners' demurrer to the third amended complaint of real parties in interest, which contains a single claim for malicious prosecution. We conclude that when, as alleged here, parties initiate a cross-action in the superior court, their subsequent stipulation to resolve this cross-action by arbitration does not shield them from a claim for malicious prosecution, and...

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