Lujan

This case raises the issue whether an action for malicious prosecution may be maintained against a person who had no part in the commencement of the action, but who participated in it at a later time. Although the cases in point are sparse, they indicate that liability may be imposed against such a person.

The appeal is from an order dismissing the action as. to two defendants only, after their general demurrer to the second amended complaint had been sustained with leave to amend, and plaintiff declined to amend. The complaint alleges in effect that on December 14, 1965, an attorney named Jacoves maliciously and without probable cause brought civil action number C 874533, on behalf of Fiore against the party who is plaintiff here, which action terminated in favor of the latter on December 3, 1974. It is also alleged that on June 28, 1973, defendants Gordon, Lipstone and Jacoves were members of a law firm and at all times thereafter “defendant Ira Jacoves acted as the agent of Gordon,' Lipstone & Jacoves with respect to the matters alleged herein, and within the course and scope of his agency.”

It is not disputed that the allegations of the complaint state a cause of…