Opinion · California Supreme Court
City of Long Beach v. Bozek
City of Long Beach v. Bozek, 33 Cal. 3d 727 (Cal. 1983)
- Type
- Opinion
- Court
- California Supreme Court
- Jurisdiction
- California
- Date
- 1983-04-25
- Topic
- general
How later courts describe this case
- holding that the right to petition insulates private litigants from retaliatory malicious prosecution actions by the government
- filing suit against the government is absolutely privileged form of petitioning and therefore government may not bring malicious prosecution action against unsuccessful plaintiff
- government entities may not maintain actions for malicious prosecution against those who have sued them unsuccessfully
- prior opinion reiterated in its entirety
Citator
UpLaw has not yet analyzed City of Long Beach v. Bozek. The absence of a flag is not a finding that it is good law.
- Cited by
- 39 opinions
Opinion
THE COURT.On lanuary 10, 1983, the Supreme Court of the United States granted a petition for writ of certiorari in this case and ordered that “The judgment is vacated and the case is remanded to the Supreme Court of California to consider whether its judgment is based upon federal or state constitutional grounds, or both.” (— U.S. — [74 L.Ed.2d 943, 103 S.Ct. 712].)
Pursuant to this mandate, the remittitur is recalled. We have reexamined our decision in this case (reported at 31 Cal.3d 527 [183 Cal.Rptr. 86, 645 P.2d *728 137]), and certify that our judgment is based on both the First Amendment to the United States Constitution and article I, section 3, of the California Constitution; accordingly, the latter provision furnishes an independent ground to support the decision. Because we deem it unnecessary to modify our prior opinion, we reiterate that opinion in its entirety.
Let the remittitur issue forthwith.