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3703 REVIEW DENIED Perjury is not an actionable tort; malicious prosecution requires that the underlying action was instituted by the person being sued for malicious prosecution, and that it terminated in favor of the person suing for malicious prosecution; malicious prosecution liability cannot be imposed for subsidiary procedural actions taken within the underlying litigation; liability for abuse of process can not be based on testimony given in the underlying proceeding, because such testimony is protected by the litigation privilege created by Civil Code section 47.CitationPOLLOCK v USC (Persistent Professor) 112 CA4 1416 [See: CCP 1094.5; CivC 47; Pomona College v Superior Court 45 CA4 1716 T/AT 7/96; Gutkin v USC 101 CA4 967, P/AT 11/02; Bertero v National 13 C3 43; Adams v Superior Court 2 CA4 521]
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