DCA Allows Employer's Malicious Prosecution Suit Against Applicant

An employer defeated a plaintiff's motion to strike a malicious prosecution suit that emanated from a failed Labor Code 132a claim, the 5th District Court of Appeal concluded. Case: Johnston v. Kelly, No. F060909, 1/3/12, unpublished.Facts: Miguel Toro, a milker at Rocking S Dairy, was injured on the job and underwent surgery in March 2008. His doctor released him to return to work in May 2008. Toro asked a supervisor, Cesar Sanchez, if he could return to work, but Sanchez said he needed to speak with the dairy's owner, George Johnston, before making that decision. At the time, Johnsto...