(Download) "People v. Melnyk" by Fourth Appellate District, Division Three Court of Appeal of California * Book PDF Kindle ePub Free
eBook details
- Title: People v. Melnyk
- Author : Fourth Appellate District, Division Three Court of Appeal of California
- Release Date : January 31, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The petitioner, California Physicians Service, doing business as Blue Shield of California (Blue Shield), seeks extraordinary review of the superior courts overruling of its demurrer to the plaintiffs supplemental complaint. The supplemental complaint attempts to state a cause of action in tort for the filing of bad faith or malicious defensive pleadings. The filing of defensive pleadings is clearly a privileged communication which cannot be the basis for a retaliatory action in tort. The superior court was under an obligation to terminate this spurious cause of action. Its failure to do so, and the absence of any other adequate remedy to forestall this claim, warrants our issuance of extraordinary relief. (Babb v. Superior Court (1971) 3 Cal. 3d 841, 851 [92 Cal. Rptr. 179, 479 P.2d 379].)