Shakespeare

Appeals by Marguerite Shakespeare and Gene Shakespeare, a son of Marguerite, from a judgment in *172 three' actions that were consolidated for trial, to’one’action (No. 1652) Mrs. Shakespeare sued Simon Zervos for damages for false arrest and malicious prosecution, to a separate action (No. 1653) Gene Shakespeare sued Zervos for false arrest. He had previously sued Zervos in action No. 1049 for false arrest and malicious prosecution; there was a final judgment in favor of the defendant in that action upon the cause of action for malicious prosecution but a new trial had been granted on the cause of action for false arrest, and the action was still pending. The three actions arose out of a single arrest of Marguerite and a single arrest of Gene May 4, 1962, by Zervos, both without a warrant. The arrests were made for violation of subdivision (j) of section 602 of the Penal Code (trespass) ,

The eases were consolidated and tried together before the court, findings and conclusions were made, the arrests were determined to have been lawful, the prosecution of Mrs. Shakespeare without malice, and a consolidated judgment was entered in favor of the defendant. Bach plaintiff…