Jenkins

This is an appeal from the dismissal of a cross-complaint alleging malicious prosecution, defamation, abuse of process, breach of fiduciary duty and attorney malpractice. Respondents’ demurrers to the cross-complaint were sustained without leave to amend for failure to state a cause of action. Appellant contends that the cross-complaint for malicious prosecution was proper in the circumstances of this case and that the other causes of action raised by the cross-complaint were not barred either by the statute of limitations or by the statutory privilege for publications in judicial proceedings.

Statement of the Case and Facts

This action arose out of the breakdown of an attorney-client relationship between appellant Jenkins, the client, and respondent Pope, the attorney. According to appellant’s cross-complaint, appellant terminated Pope’s rep resentation in July 1984, having lost confidence in her after a real estate deal in which the commission would have gone to her male companion and roommate, who was not a licensed real estate broker. A dispute arose regarding fees Pope claimed she was owed and representations Pope claimed appellant had made regarding the scope of…