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Strategies & Market Trends : Mr. Pink's Picks: selected event-driven value investments
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To: R.E.B. who wrote (10122)6/24/1999 10:07:00 PM
From: Peter V  Read Replies (1) of 18998
 
In California, you cannot bring a malicious prosecution suit until the action is terminated in favor of the person bringing the MP action. An action is not terminated until a final judgment is rendered. A final judgment cannot be rendered until all of the issues in the case are resolved. Therefore, a defendant cannot set up his MP action by way of a cross-complaint, because that issue will remain unresolved and no final judgment can be rendered. Partial summary judgment won't do it. Nor will dismissal, the case would remain pending until dismissed by all parties. Texas may be different, but I doubt it.
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