Mercer-Fraser Company v. Harsh CA3
The trial court found defendants Daniel Harsh and Harsh Enterprises, Inc. (collectively Harsh) liable for a malicious abuse of process in connection with the filing and service of an improper and invalid stop payment notice against plaintiff Mercer-Fraser Company (Mercer-Fraser). The trial court found by clear and convincing evidence that Harsh acted with malice in filing the stop payment notice and Mercer-Fraser suffered damages. Harsh appeals, arguing the court erred in failing to find the “litigation privilege” applied and erred in denying a request for leave to file a cross-complaint. We shall affirm the judgment.
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