Veditz

Plaintiffs appeal from judgment of dismissal entered after demurrer to their first amended complaint was sustained without leave to amend.

The defendants in this action are five individuals and a corporation (Highlands Insurance Company). The first amended complaint contains three causes of action. The first cause of action (malicious prosecution, against the individual defendants) alleges: in March 1978 plaintiff Iram Enterprises owned real property in Malibu (hereinafter subject realty) and hired plaintiff Robert McCahon to construct a single-family residence thereon; on March 24, 1978, the individual defendants instituted an action against plaintiffs in the superior court of Los Angeles County, seeking to permanently enjoin plaintiffs from constructing said residence; in instituting such action the individual defendants, and each of them, acted without reasonable or probable cause in that they knew that there was no chance of ultimately obtaining a permanent injunction; the individual defendants further acted maliciously and oppressively against plaintiffs for the purpose of preventing construction on the subject realty, for their own selfish reasons; On February 14,…