BRENNAN v. TREMCO INCORPORATED

No. S087204.

105 Cal.Rptr.2d 790 (2001)

25 Cal.4th 310

20 P.3d 1086

Walter M. BRENNAN, Plaintiff and Appellant, v. TREMCO INCORPORATED et al., Defendants and Respondents.

Supreme Court of California.

April 16, 2001.


Attorney(s) appearing for the Case

Grace & Sater, Michael K. Grace, Gregory J. Sater; Greenberg, Glusker, Fields, Claman & Machtinger and Stephen S. Smith, Los Angeles, for Plaintiff and Appellant.

Brobeck, Phleger & Harrison, Lawrence J. Gornick, San Francisco, Edward D. Totino, Los Angeles, Aaron P. Sonnhalter, Brett M. Schuman and Thomas M. Peterson, San Francisco, for Defendants and Respondents.


CHIN, J.

We granted review to decide whether a person may sue for the malicious prosecution of an action that the parties resolved through contractual arbitration. Because a contractual arbitration proceeding does not result in a favorable termination of a prior action, a necessary element of malicious prosecution, we conclude a person may not do so.

I. The Facts and Procedural History

In 1992, Tremco Incorporated (Tremco) sued a former employee...

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