Camarena v. Sequoia Ins. Co

In Camarena v. Sequoia Ins. Co. (1987) 190 Cal. App. 3d 1089, the court emphasized "the damage to individuals and society caused by the pursuit of groundless claims should not be underestimated." (Id. at p. 1095.) Yet the insurer argued that, as a matter of public policy, declaratory relief proceedings do not give rise to claims for malicious prosecution. The court rejected the insurer's notion of the prevailing public policy. (Ibid.) Quoting from the Supreme Court in Bertero v. National General Corp. (1974) 13 Cal.3d 43, the court reiterated the untoward damage to the individual subjected to a groundless declaratory relief action, and to the judicial process: " 'The malicious commencement of a civil proceeding is actionable because it harms the individual against whom the claim is made, and also because it threatens the efficient administration of justice. The individual is harmed because he is compelled to defend against a fabricated claim which not only subjects him to the panoply of psychological pressures most civil defendants suffer, but also to the additional stress of attempting to resist a suit commenced out of spite or ill will, often magnified by slanderous allegations in the pleadings.' " (Camarena, supra, 190 Cal. App. 3d at p. 1095.) The court concluded: "In sum, there is nothing in the nature of declaratory relief actions which requires that we eliminate any potential liability for malicious prosecution." (Id. at p. 1097.)