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SIEBEL v. MITTLESTEADT

No. S125590.

62 Cal.Rptr.3d 155 (2007)

41 Cal.4th 735

166 P.3d 527

Thomas M. SIEBEL, Plaintiff and Appellant, v. Carol L. MITTLESTEADT et al., Defendants and Respondents.

Supreme Court of California.

July 16, 2007.

Attorney(s) appearing for the Case

Blecher & Collins, Maxwell M. Blecher, Ralph C. Hofer, Los Angeles; Greines, Martin, Stein & Richland, Robin Meadow and Laura Boudreau, Los Angeles, for Plaintiff and Appellant.

DLA Piper Rudnick Gray Cary US, Mark H. Hamer and Jarod M. Bona, for National Federation of Independent Business Legal Foundation, as Amicus Curiae on behalf of Plaintiff and Appellant.

Law Offices of Tony J. Tanke, Tony J. Tanke, Davis; Law Offices of Gary L. Sims, Gary L. Simms, San Mateo; Roeca, Haas, Hager, Russell S. Roeca, Daniel W. Hager, San Francisco; Murphy, Pearson, Bradley, Feeney, Timothy J. Halloran and Christine A. Huntoon, San Francisco, for Defendants and Respondents.

CORRIGAN, J.

Here we consider what constitutes a favorable termination of a lawsuit as a predicate for a subsequent malicious prosecution action. We hold that, in this context, a postjudgment settlement constitutes a favorable termination when the malicious prosecution plaintiff received a favorable judgment in the underlying action, and settled without giving up any portion of the judgment in his favor.

FACTUAL AND PROCEDURAL BACKGROUND

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