Novick

Defendant, appellant and cross-respondent, the City of Los Angeles (hereinafter City), appeals a judgment entered against it awarding plaintiff, respondent and cross-appellant, Mark Steven Novick (hereinafter Novick), damages arising out of a civil rights lawsuit filed against City and various Los Angeles police officers. In a related action, Novick appeals the superior court’s determination denying his motion for attorney’s fees. Due in part to the procedural complexity of the separate appeals presented, we address City’s appeal first.

City’s appeal arises from the award of damages to Novick for violations of his civil rights emanating from an illegal search of his residence and business, his subsequent arrest, and his criminal prosecution in connection with his role in distributing pornography. City contends that Novick may not recover damages from it under the federal Civil Rights Act ( 42 U.S.C. § 1983 ) arising from the action of the municipal court’s issuance of and determination affirming the constitutionality of a search warrant. City also insists that Novick cannot recover as a result of the city prosecutor’s initiation of criminal proceedings against him.…