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4567 Allegations that defendant filed an action but deliberately delayed service of process until an identical action brought on behalf of a different claimant was settled, with the ulterior motive of inducing a higher overall settlement, satisfies the requirement that defendant have used process in a way not proper in the regular course of prosecuting a lawsuit and is sufficient to make out a prima facie case of abuse of process; the Litigation Privilege did not apply because it only protects communicative conduct, and failure to serve the complaint was not communicative.CitationBOOKER v ROUNTREE (Abuse of Process) 155 CA4 1366 [See: Rusheen v Cohen 37 C4 1048, T/AT 3/06; Barquis v Merchants 7 C3 94; Yu v Signet Bank 103 CA4 298, T/AT 12/02]
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