Merlet

Attorneys Ralph A. Rizzo (Rizzo) and Lawrence D. Miller (Miller) represented Harry Allen (Allen) in a tort action which resulted in a judgment for Allen against Claudette Merlet (Claudette). Rizzo and Miller later applied to the court to issue a writ of sale against a property owned by Claudette’s husband, Robert J. Merlet (Robert). Robert was successful in defeating this writ application, and he subsequently filed a complaint against Rizzo, Miller, and Allen (collectively, respondents) for malicious prosecution and abuse of process. The trial court sustained a demurrer without leave to amend against his complaint, and he appeals from the order dismissing his claims. We uphold the trial court’s ruling.

Background

Allen obtained á default judgment against Claudette for approximately $260,000 in December 1991. Allen applied for and received an order for sale of Claudette’s one-half interest in her home, but the money from the sale of the home was insufficient to satisfy the judgment. Thereafter the United States Bankruptcy Court granted Claudette a discharge in bankruptcy.

On November 6, 1995, Allen, through his attorneys Rizzo and Miller, moved the court for an order…