Babb v. Superior Court

Supreme Court of California · Decided 1971-01-15

Cited by 323 later decision(s) in our corpus · see the citation network in Lexace

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Opinion SULLIVAN, J. The question confronting us here is whether a defendant in a civil action may file a cross-complaint therein seeking a declaratory judgment that the action is being maliciously prosecuted, We have concluded that precedent, principle, practicality and policy forbid such a cross-complaint, which entails the risk of discouraging legitimate c…

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