Thomson

Thomson v. Catalina

Bad Law
1928 Cal. LEXIS 544·205 Cal. 402·271 P. 198·62 A.L.R. 235
Supreme Court of CaliforniaOctober 24, 1928Docket No. L.A. 9391.California2,160 words

Opinion

Lead Opinion

Richards, J.

This action for malicious prosecution was instituted by the plaintiff and respondent against the defendants who are the appellants herein, and certain other persons as to whom the action was subsequently, on motion of the plaintiff, dismissed. The plaintiff in his complaint alleged that the defendants entered into a conspiracy to wrongly and falsely charge the plaintiff with the crime of petit larceny in the recorder’s court of the city of Watts, and that in pursuance of this conspiracy and on May 14, 1924, Mike Catalina, one of said defendants, at the instance and instigation of the others of said defendants, filed a complaint in said court charging the plaintiff with said crime and caused his arrest and prosecution therefor; that said cause was transferred for trial to the justice’s court of San Fernando township, and that upon the trial of said cause before the latter tribunal the plaintiff was acquitted of said crime. He thereupon commenced this action, alleging his right to the recovery of both compensatory and punitive damages. The answers of these several defendants put in issue the averments of the complaint and upon a trial thereof before a jury three separate verdicts in…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.