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HINDIN v. RUST

No. B160031.

13 Cal.Rptr.3d 668 (2004)

118 Cal.App.4th 1247

A. Tod HINDIN et al., Plaintiffs and Appellants, v. Edward Barry RUST, Jr., et al., Defendants and Respondents.

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

Review Denied September 15, 2004.

Attorney(s) appearing for the Case

Hillel Chodos for Plaintiffs and Appellants.

Robie & Matthai and James R. Robie; O'Melveny & Myers, Mark Wood, Patrick Lynch, John F. Daum and Matthew W. Close, Los Angeles, for Defendant and Respondent State Farm Mutual Automobile Insurance Company.

Munger, Tolles & Olson, Brad D. Brian, Lawrence C. Barth and Lisa J. Demsky, Los Angeles, for Defendants and Respondents William Montgomery, B. Gerald Reynolds and Frank Haines.

WOODS, J.

SUMMARY

The issue we consider in this appeal is whether, in the context of a malicious prosecution action, Code of Civil Procedure section 437c, subdivision (f)(1) permits summary adjudication on the ground that some but not all claims in a single underlying action were supported by probable cause.1 Because such a determination does not completely dispose of the entire malicious prosecution cause of action, we...

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