California Court of Appeal

In a malicious prosecution action against bank defendants, arising out of a dispute that led to plaintiff's arrest and charge for making criminal threat in violation of Penal Code section 422, the trial court's judgment is affirmed where: 1) the doctrine of law of the case does not preclude consideration of the application of the doctrine of collateral estoppels; and 2) under the doctrine of collateral estoppel, the determination of probable cause by the magistrate in plaintiff's criminal proceeding, when the issue of the bank manager's credibility had been raised before the magistrate, defeats, as a matter of law, plaintiff's malicious prosecution claim.

Appellate Information

• Decided 05/12/2015
• Published 05/12/2015

Judges

• Mosk

Court

• California Court of Appeal

Counsel