Cooper

The issue presented in this appeal is whether a defendant in a small claims action may sue for malicious prosecution after he has successfully appealed a small claims judgment in the superior court, We hold that an action for malicious prosecution following a small claims appeal is precluded by the judicially created rule prohibiting actions for malicious prosecution founded on small claims and by the rule creating a conclusive presumption of probable cause based on a recovery by a plaintiff in an original action.

Facts

On September 26, 1979, Pirelli Cable Corporation (Pirelli), respondent and small claims plaintiff below, took appellant Arthur Cooper to small claims court alleging that when Cooper quit Pirelli’s employ he failed to return $440.47 advance vacation pay. Pirelli prevailed in the small claims court. On November 28, 1979, Cooper filed a small claims appeal in Colusa County Superior Court. On October 22, 1980, a trial de novo commenced. After the jury had been empanelled and a witness had testified, Pirelli stipulated to the dismissal of the original small claims action with prejudice. Also pursuant to the stipulation, the appeal was dismissed with…