Can a malicious prosecution action be based upon an amended complaint?

California, United States of America


The following excerpt is from Boladian v. Clough, B269508 (Cal. App. 2017):

Clough further argues that a malicious prosecution action cannot be based upon an original complaint once an amended complaint has been filed.~(aob 17-18)~ This contention is also unpersuasive. "Although the amended complaint supersedes the original as a subsisting pleading, the amended complaint does not obliterate the original complaint nor wholly nullify the fact of its filing or its contents." (Lerner v. Glickfeld (1960) 187 Cal.App.2d 514, 525 [malicious prosecution].) Clough's signing and filing the original complaint in the underlying action was not negated by Stroock's subsequent filing of the first amended complaint.

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