Ferraris

The plaintiff appeals from a judgment of dismissal sustaining the defendants’ general demurrer to her complaint for malicious prosecution, without leave to amend. The sole question is whether the complaint sets forth sufficient facts to state a cause of action.

The complaint alleged that the plaintiff, Katherine Ferraris, was engaged in litigation concerning the possession of certain property with the defendants, William Eastland and his attorney, Raymond Levy. William Eastland is the nephew of plaintiff’s deceased transferor, Edna Black, as well as the conservator and executor of the decedent’s estate. The plaintiff alleged that with malice and without probable cause, the defendants instituted several judicial proceedings which were all terminated in the plaintiff’s favor: the first cause of action stated that the defendants procured the District Attorney of San Francisco to issue a citation for petty theft and malicious mischief; the second, that the defendants procured from the Postmaster of San Francisco an order to show cause why the plaintiff should not be prosecuted for the destruction and concealment of another’s [Edna Black’s] mail; the third, that the defendants filed…