Brennan

In 1992 defendant and respondent Tremco Incorporated sued plaintiff and appellant Walter M. Brennan. (This lawsuit shall be hereinafter referred to as "the Underlying Action.") Brennan was a former employee of Tremco, who went to work for one of Tremco's competitors. [1] After the Underlying Action had been litigated for three years, Brennan obtained summary adjudication on Tremco's causes of action for conversion and misappropriation of trade secrets. Thereafter, the parties agreed to arbitrate Tremco's remaining claims. Ultimately, the arbitrator ruled in Brennan's favor on these remaining claims. The court confirmed the arbitration award and entered judgment in favor of Brennan.

Brennan then filed a malicious prosecution action against Tremco in which he alleged the Underlying Action had terminated completely in his favor. (Brennan's action shall hereinafter be referred to as "the Malicious Prosecution Action.") While the Malicious Prosecution Action was pending, Sagonowsky v. More (1998) 64 Cal.App.4th 122 , 75 Cal.Rptr.2d 118 was decided. [2] Based upon that case, Tremco filed a demurrer to Brennan's first amended complaint. The gravamen of this demurrer…