Murdock

This is an appeal by defendant from an adverse judgment rendered in an action for malicious prosecution. The case was tried before the court without a jury, resulting in a judgment for plaintiff in the sum of $100 general damages and for the further amount of $775 special damages. The special damages were awarded for “required legal services caused by the action.....of the defendant herein, Otto A. Gerth. ’ ’

Defendant Gerth has practiced law since 1912, and since 1922 has been and now is an active member of The State Bar of California. Since the last named date he has been engaged in the practice of his profession in the city of Los Angeles.

In connection with the factual background which gave rise to this litigation the record discloses that for some time prior to 1937 plaintiff herein and one Dr. H. H. Wolf, both veterinarians, were associated in the maintenance and operation of a dog and cat hospital in the city of Los Angeles, upon premises for the occupancy of which Dr. Wolf had a lease. The business was apparently a profitable one for the record discloses that the net proceeds therefrom, after paying operating and other expenses, totaled $16,000 per year and that Drs.…