Imig

Plaintiff Imig filed a complaint against various defendants alleging assault and battery, and slander. A cause of action for malicious prosecution was added in a first amended complaint. This appeal involves only defendant Ferrar, who was named in the third and fourth causes of action (slander and malicious prosecution).. As to these counts, the trial court sustained defendant’s demurrer to the first amended complaint without leave to amend. Plaintiff appeals from the order of dismissal subsequently entered. (Code Civ. Proc., §§ 581, subd. 3, 581d.)

According to the allegations of the assault and battery counts which are not directly involved here, plaintiff, a police officer for the City of Los Angeles, was in the Van Nuys store of Big Five Department Store (another defendant), and was assaulted by Goldstein (another defendant), an employee of Big Five. In the third count, slander, it is alleged that plaintiff, acting in his official capacity as a police officer, requested aid from defendant Ferrar, who was a “manager, employee, and agent” of defendant Big Five.

Ferrar “did subsequently file formal charges against plaintiff Kurt Imig that plaintiff Kurt Imig was…