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· 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 CourtListener

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.