Esther Gutierrez v. Javier Orozco, et al.
Published: Mar. 22, 2005 | Result Date: Jan. 12, 2005 | Filing Date: Jan. 1, 1900 |Case number: PC034461 Bench Decision – $0
Facts
Plaintiff, Esther Gutierrez's malicious prosecution action relies on the fact that the prior proceeding, entitled, Javier Orozco v. Esther Gutierrez and Terminix International, Case No. PC031026, was pursued to legal termination favorable to the plaintiff. However, defendants Javier Orozco and attorney Ara Aroustamian alleged that a dismissal of a judicial proceeding resulting from a settlement generally does not constitute a favorable termination. Thus, in a malicious prosecution action based on the plaintiff's dismissal as a defendant in a prior suit without his authorization but pursuant to a settlement paid by a co-defendant in the prior suit, the dismissal did not qualify as a favorable termination of the prior suit necessary to support the present action. The court held that Ara Aroustamian and his firm acted with no malice and the dismissal of plaintiff, Esther Gutierrez in the prior action was not a "favorable termination" which would constitute malicious prosecution.
Result
Court judgment in favor of defendant Ara Aroustamian and his firm. The plaintiff to pay defendant's costs totaling $1,032.
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