Nunn

BACKGROUND

In December 2012, appellant filed a third amended complaint alleging causes of action for malicious prosecution and abuse of process. Among other things, appellant alleged a lawsuit commenced by respondent in 2005 and terminated by judgment in April 2009 was brought maliciously and without probable cause. The judgment was in favor of respondent on her complaint for a small sum, but it was also in favor of appellant on his

1 cross-complaint for a somewhat larger sum. Respondent failed to answer the complaint and in April 2013 appellant requested entry of default against respondent and a judgment in the amount of $142,450. The trial court directed appellant to submit a declaration in support of the requested judgment pursuant to Code of Civil Procedure section 585, subdivision (d).1 Appellant submitted a declaration averring he paid $120,000 in attorney fees in defense of respondent’s action, he incurred damages of $7,000 in the loss of value of stock due to injunctions obtained by respondent that prevented him from selling the stock, he is due damages in the amount of $15,000 for loss of enjoyment of life, and he paid $450 to file his action and serve respondent. On…