Camarena

I

Proceedings Below

Plaintiff Manuel Romo Camarena is also the plaintiff in another lawsuit, Camarena v. Hunt, San Diego Superior Court No. 367576, in which he seeks recovery from James Randall Hunt and his uncle Raymond Hunt for personal injuries suffered in an automobile accident. In this proceeding Camarena alleges that the Hunts’ insurer and the attorney retained by the insurer to defend the Hunts maliciously prosecuted a declaratory relief action against him and James Hunt. The court below found that the judgment in the declaratory relief action, although it denied the insurer’s request to be relieved from any liability to Camarena, would not support a malicious prosecution action. We disagree.

II

Procedural History

1. The Personal Injury Action

Camarena sued the Hunts on June 2, 1975. At the time of the automobile accident which gave rise to Camarena’s complaint, James Hunt was driving a car he had borrowed from Raymond Hunt. Raymond was insured by Sequoia Insurance Company (Sequoia) and Sequoia retained an attorney to defend both Hunts.

James Hunt’s relationship with the attorney retained to represent him was not harmonious. Although James was interviewed by…