Does a demurrer to a malicious prosecution complaint need to be sustained while an appeal is pending?
California, United States of America
The following excerpt is from Ray v. First Federal Bank, 61 Cal.App.4th 315, 71 Cal.Rptr.2d 436 (Cal. App. 1998):
Friedman v. Stadum, supra, 171 Cal.App.3d 775, 217 Cal.Rptr. 585, is in accord. The court there affirmed the sustaining of a demurrer to a malicious prosecution complaint that had been filed while an appeal in the underlying action was pending and undecided.
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