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3755 REVIEW DENIED Denial of a defendant's motion for summary judgment in an underlying action does not necessarily establish that the action was brought with probable cause and does not preclude a subsequent suit for its malicious prosecution if summary judgment is subsequently granted in the underlying action based upon the finding that the action is without any basis in law or fact.
SLANEY v RANGER INS (Malicious Cross-claim) 115 CA4 306 [See: CCP 425.16; Sheldon Appel v Albert & Oliker 47 C3 863; Roberts v Sentry 76 CA4 375, T/AT 12/99; Jarrow v LaMarche 31 C4 728, P/AT 9/03]
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