Kim v. McCulloch
This is a consolidated appeal of several rulings concerning a first amended complaint for malicious prosecution, process abuse, and civil conspiracy brought by plaintiff, Richard Y. Kim, D.D.S., against a number of defendants after a jury returned a verdict in his favor in an underlying dental malpractice action. Plaintiff brought this current action against a former patient, John. C. Haedrich, and numerous other defendants. Plaintiff asserted defendants conspired with each other to bring the underlying dental malpractice action against him based on false and fabricated evidence. Plaintiff appeals from an order granting special motions to strike pursuant to Code of Civil Procedure section 425.16, claims against Mr. Haedrich and an attorney, Robert J. McCulloch. Mr. McCulloch was Mr. Haedrichs attorney in the underlying dental malpractice action. Plaintiff also appeals from a judgment entered after demurrers were sustained without leave to amend the first amended complaint. The demurrers were brought by defendants, Alexander Farnoosh, D.D.S., Ahmad Fahid, D.D.S., Parviz Azar Mehr, D.D.S., Han Young Park Azar Mehr, D.D.S. and Michael O. Hamada, D.D.S. Court affirm the rulings in all respects.
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