Fuentes

Appellants Heriberto Fuentes, Jr., Robert R. Villa, and Ronald R. Jones, police officers employed by the City of Alameda (appellants or the officers), brought an action for malicious institution of a civil proceeding (commonly referred to as “malicious prosecution”) against respondents Virlee Berry (Berry), her husband Edward Berry, and her sister Betty Williams. Berry was the sole plaintiff in the underlying action, a federal civil rights suit.

In March 1990, the superior court entered a summary judgment against the officers on the ground that the federal suit had not been terminated in their favor. In January 1991, we concluded that a triable issue existed as to whether the termination of the federal suit was in fact the result of a settlement or was instead a voluntary dismissal with prejudice reflecting on the merits of the case. We reversed the summary judgment. (Fuentes v. Berry (Jan. 22, 1991) A049265 [nonpub. opn.].)

On remand, Berry’s attorneys conducted discovery directed to the issue of whether or not the federal suit was terminated in favor of the officers. In June 1993, they filed a second motion for summary judgment in the superior court, claiming that it…