In Williams v. Hartford Ins. Co. (1983) 147 Cal. App. 3d 893, the malicious prosecution plaintiff/attorney prosecuted and settled a civil wrongful death case against, among others, the insurer of the hospital where the allegedly negligent treatment occurred. During the litigation, the plaintiff/attorney obtained a copy of the insurer's file. When the insurer discovered this fact, it told the police the file had been stolen. The plaintiff/attorney was criminally tried for receiving stolen property and theft. After he was acquitted, he sued the insurer, among others, for malicious prosecution. The trial court dismissed after sustaining a demurrer without leave to amend. The appellate court reversed because "nothing in the complaint speaks of an investigation by law enforcement as leading up to the grand jury indictment ultimately returned against the plaintiff/attorney. Under those circumstances, the defense of investigation is a matter for affirmative defense, not a ground for demurrer." (Ibid.)