Oprian

Nick and Winifred Oprian (collectively Oprian) filed an action for malicious prosecution and civil conspiracy against a real estate development partnership and its attorneys. The lower court granted defendants’ motions for summary judgment and dismissed the action. On appeal, Oprian contends the court erred by granting the summary judgment motions because there was a favorable termination in the prior action and triable issues of fact existed as to probable cause and malice. We affirm.

I

Facts and Procedural History

As stated by Oprian, this action for malicious prosecution and civil conspiracy arose out of a real estate deal gone awry. Oprian owned a parcel of land in Orange County. In 1975, the county advised it was interested in developing a senior citizen housing project on that property, under a housing program administered by the Department of Housing and Urban Development (HUD), and referred Oprian to Goldrich, Rest and Associates (GRA), a real estate development partnership with extensive experience in developing such projects. Oprian met with Robert I. Stern, a general partner of GRA, who said GRA would be interested in developing the property as a HUD…