Can a party avoid liability for malicious prosecution claim if they relied on the advice of counsel in prosecuting the action?
California, United States of America
The following excerpt is from Brown v. Kimball, Tiery & St. John, LLP, E069422 (Cal. App. 2020):
6. A party may avoid liability for a malicious prosecution claim if the party "in good faith and after full disclosure of the facts" relied on the advice of counsel in prosecuting the action underlying the claim. (See Pond v. Insurance Co. of North America (1984) 151 Cal.App.3d 280, 288.)
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