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CITI-WIDE v. GOLDEN EAGLE INS. CORP.

No. B160823.

8 Cal.Rptr.3d 199 (2003)

114 Cal.App.4th 906

CITI-WIDE PREFERRED COURIERS, INC., Plaintiff and Appellant, v. GOLDEN EAGLE INSURANCE CORPORATION, Defendant and Respondent.

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

As Modified on Denial of Rehearing January 16, 2004.

Review Denied April 21, 2004.

Attorney(s) appearing for the Case

Stolpman, Krissman, Elber & Silver and Dennis M. Elber, Long Beach, for Plaintiff and Appellant.

Law Offices of Timothy A. Gonzales and Timothy A. Gonzales for Defendant and Respondent.

VOGEL (MIRIAM A.), J.

We hold that, just as a malicious prosecution suit may be maintained where only one of several claims in the underlying action lacked probable cause, so too can a malicious prosecution action be maintained where most but not all of the amount sought in the underlying action was claimed without probable cause. We reverse a judgment based on the opposite conclusion.

FACTS

A.

"In 1995, Citi-Wide Preferred Couriers, Inc...

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