· 11/27/1979
Lackner v. LaCroix
Citations
- 602 P.2d 393
- 25 Cal. 3d 747
- 159 Cal. Rptr. 693
- 1979 Cal. LEXIS 334
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that the “termination must reflect on the merits of the underlying action”
- noting that a dismissal for lack of jurisdiction “not only is not on the merits, it is unreflective of the merits; neither the judgment of the court nor that of the prosecuting party on the merits is implicated in the dismissal”
- dismissal on basis of statute of limitations not favorable termination for defendant within context of a malicious prosecution claim
- dismissal on basis of statute of limitations not favorable termination for defendant within context of a malicious prosecution claim
- dismissals on limitations grounds are not “favorable termination[s],” as they do not “reflect on [the accused’s] innocence of the alleged wrongful conduct”
- “[T]he purpose served by dismissal on limitations grounds is in no way dependent on nor reflective of the merits — or lack thereof — in the underlying action.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Clark
Read full opinion on CourtListenerSourced 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.