Tushinsky v. Arnold

In Tushinsky v. Arnold (1987) 195 Cal. App. 3d 666, Rebecca Tushinsky's husband, Joseph Tushinsky, had previously prevailed in a malicious prosecution action against her after she falsely reported to authorities that he sexually molested their child. After the underlying judgment became final, Rebecca sued her attorney for malpractice. The trial court sustained the attorney's demurrer to the complaint, determining Rebecca was collaterally estopped from relitigating issues determined by the jury in the underlying action, that she "did not honestly and reasonably believe in the truth of the charges leveled against Joseph" and that she was not acting on the advice of counsel. ( Id. at p. 673.) The court of appeal affirmed the ruling, concluding the underlying judgment established that Rebecca's conduct was the sole proximate cause of her damages. ( Id. at p. 672-673.)