Eells

This action for malicious prosecution, abuse of process and intentional infliction of emotional distress had its genesis more than 15 years ago. It is the fourth in a series of related lawsuits. Appellant Thomas M. Bells appeals from a judgment of dismissal entered upon the sustaining of a demurrer without leave to amend in favor of respondents Seymour Rosenblum, Crest Auto Insurance Brokers and Attorney Larry E. Wasserman. In the published portion of this opinion, we conclude the underlying lawsuit was not favorably terminated on the merits. In the unpublished portion of this opinion, we conclude causes of action for intentional infliction of emotional distress and abuse of process cannot be stated. We affirm.

I.

Procedural Background

Case No. 1 (C366339)

In 1979, Ira Washington was involved in a motor vehicle accident. When Washington’s insurer failed to pay for the repairs to his car, the repair shop obtained a small claims judgment against Washington. Washington, represented by Attorney Wasserman, then sued the insurer and appellant, an independent claims adjuster, for bad faith insurance practices. The insurer cross-complained against appellant for indemnity.…