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Crowley v. Katleman

Citations

  • 881 P.2d 1083
  • 8 Cal. 4th 666
  • 34 Cal. Rptr. 2d 386
  • 94 Daily Journal DAR 15357
  • 94 Cal. Daily Op. Serv. 8332
  • 1994 Cal. LEXIS 5389

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that violation of a single primary right gives rise to only a single cause of action, and that where there are different types of injury, there are separate primary rights
  • suggesting that a plaintiff can avoid malicious prosecution liability by dropping untenable claims from a complaint that includes tenable claims, but that a plaintiff remains liable if he or she fails to amend in that manner
  • distinguishing between statutory compensation solely for “out-of-pocket litigation costs, including attorney fees, that directly result from the objectionable conduct;” and compensable damages in malicious prosecution actions, which include both direct and consequential harms
  • “[T]he violation of a single 26 primary right gives rise to but a single cause of action.”
  • “the primary right is simply the plaintiff's right to be free from the particular injury suffered.”
  • “A pleading that states the 13 violation of one primary right in two causes of action contravenes the rule against 14 ‘splitting’ a cause of action.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Mosk, Arabian

Read full opinion on CourtListener

Cited by

196 cases in this archive cite this case; the 20 most cited are listed.

Cites

43 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.