Cosulich

Plaintiff sued for damages for malicious prosecution. Defendant’s demurrer to the complaint was sustained without leave to amend, and judgment for the defendant followed. Plaintiff has appealed on the judgment-roll.

The complaint alleges that on December 4, 1923, plaintiff filed with the real estate commissioner his application for a license as a real estate broker; that on December 18, 1923, defendant maliciously and falsely filed with the real estate commissioner his information under oath accusing plaintiff of dishonesty and misconduct; that said charges were without probable cause, but resulted in delaying the issuance of plaintiff’s license; and that on January 11, 1924, after a full hearing of said charges upon the merits, the real estate commissioner found in favor of plaintiff and caused a broker’s license to be issued to him.

The appeal presents the single question whether an action for malicious prosecution may be based upon transactions of this kind before the real estate commissioner, The general rule is that the action will lie only when a party has instituted or prosecuted with malice and without reasonable or probable cause some judicial proceeding against…