Vanzant v. DaimlerChrysler Corp

In Vanzant v. DaimlerChrysler Corp. (2002) 96 Cal.App.4th 1283 the Court held notwithstanding the Restatement Second of Torts position to the contrary (see Rest.2d Torts 674 "One who takes an active part in the initiation, continuation or procurement of civil proceedings against another is subject to liability to the other for wrongful civil proceedings . . . ."), that "California courts have typically refused to permit malicious prosecution claims where, as here, the claim is based on the continuation of a properly initiated existing proceeding. " (Vanzant, at p. 1290.) In Vanzant v. DaimlerChrysler, supra, 96 Cal.App.4th 1283, the Court observed that " 'The better means of addressing the problem of unjustified litigation is through the adoption of measures facilitating the speedy resolution of the initial lawsuit and authorizing the imposition of sanctions for frivolous or delaying conduct within that first action itself, rather than through an expansion of the opportunities for initiating one or more additional rounds of malicious prosecution litigation after the first action has been concluded.'" (Vanzant, at p. 1291, fn. 4.)