Christensen

Walter P. Christensen has appealed from a judgment, entered December 3, 1973, dismissing his action for damages against Neal J. Gobar, Evelle J. Younger, Alvin J. Korobkin and Earl W. Brian. Brian is a medical doctor; the other defendants are lawyers. Christensen also is a lawyer.

The present action was filed in the Superior Court of San Diego County on March 5, 1973. The original and the amended complaints were each denominated as a complaint for damages for abuse of process.

The so-called abuse of process has to do with an earlier action filed by Brian in which Christensen was joined as a defendant.

The background of the action brought by Brian is supplied by the following statement.

As the result of an automobile collision on November 18, 1968, Charlene La Rosse filed an action on September 22, 1969, in the Superior Court of Orange County, for damages against James Armshaw. As a result of the accident, La Rosse, on July 1, 1969, applied for and received Medi-Cal benefits which are administered by the Department of Health Care Services (HCS). On or about February 9, 1970, Christensen was substituted as attorney for La Rosse in the Orange County action. A settlement…