Can a motion for an ex parte hearing be a cause of action for abuse of process?

The gravamen of this tort is the "misuse of process, no matter how properly obtained, for any purpose other than that which it was designed to accomplish." Arcinas, 178 P.2d at 67. Filing a motion for an ex parte hearing designed not to defend themselves in the judicial process but to perpetrate a fraud upon the court is an allegation which supported a cause of action for an abuse of process. See also Thornton v. Rhoden, 245 Cal.App.2d 80, 53 Cal.Rptr. 706, 717 (1966) (holding that giving notice of a deposition can be "process" for purposes of the tort). Therefore, the bankruptcy court erred by determining that the complaint did not state a cause of action under 523(a)(6) for abuse of process.