Idell

Plaintiff filed a voluntary chapter 7 bankruptcy proceeding in the United States Bankruptcy Court for the Northern District of California asking that his debts be discharged. ( 11 U.S.C. § 701 et seq.) Defendant Joseph Lanza and other creditors of plaintiff, represented by defendant Lysbeth Goodman, an attorney, responded by filing, within plaintiff’s bankruptcy action, an adversary proceeding which alleged that the debts should not be discharged. (§ 727(a); rule 7001 et seq.) Following a hearing, the bankruptcy court rejected defendants’ contentions and entered judgment for plaintiff.

Plaintiff then brought this action against defendants for malicious prosecution. The trial court sustained Lanza’s demurrer without leave to amend on the ground that the section 727 adversary proceeding seeking to block the discharge of plaintiff’s debts was defensive in nature, and no action will lie for malicious defense. Thereafter, the parties stipulated that judgment on the pleadings be entered in favor of defendant Goodman on the same ground relied upon by the trial court in sustaining defendant Lanza’s demurrer without leave to amend.

Plaintiff filed a timely notice of appeal…