Morrison

Jeffrey E. and Marta Morrison contend the trial court erred by granting summary judgment against them on their malicious prosecution claim. The court ruled the underlying suit by a buyer—for damages allegedly stemming from construction defects the Morrisons failed to disclose when selling their condominium—was not so untenable that no reasonable attorney would pursue it. We affirm. In the published portion of the opinion, we hold an attorney evaluating whether to initate legal proceedings may generally rely on information provided by the client. In the unpublished portion of the opinion, we decline Haight, Brown & Bonesteel’s request that we sanction the Morrisons and their attorney for bringing a frivolous appeal.

I

Cynthia Ping bought the Morrisons’ three-bedroom condominium in October 1991 for $168,561.46. She soon noticed several leaks in the roof. She also noticed an electrical outlet in the kitchen did not work during and shortly after rainstorms. Ping learned the homeowners association was initiating a lawsuit against the builder for pervasive construction defects. Her own problems worsened. She paid for repairs twice on a heating and air-conditioning unit that…