In what circumstances have courts found that the mere filing of a complaint is "abuse of process" under section 47, subdivision (2) privilege?

In all of these cases, more than a simple publication, which would be privileged under section 47, subdivision (2), was involved. " ' "Process is a means whereby a court compels a compliance with its demands." [p] Thus, the essence of the tort "abuse of process" lies in the misuse of the power of the court; it is an act done in the name of the court and under its authority....' " (Woodcourt II Limited v. McDonald Co., supra, 119 Cal.App.3d at pp. 251-252, 173 Cal.Rptr. 836.) The only possible "process" employed in the case at bar is the filing of a proposed first amended complaint and the revised amended complaint. But the mere filing of a complaint cannot constitute abuse of process; respondents' demurrer was therefore properly sustained as to that cause of action irrespective of the section 47, subdivision (2) privilege.

[217 Cal.App.3d 828]