Can malice be inferred when a party continues to prosecute an action after becoming aware that the action lacks probable cause?
California, United States of America
The following excerpt is from Floor Tech, Inc. v. Milstein Adelman, LLP, B270825 (Cal. App. 2017):
There is good authority for the proposition that malice can be inferred "when a party continues to prosecute an action after becoming aware that the action lacks probable cause." (Daniels v. Robbins (2010) 182 Cal.App.4th 204, 226.) At least two prior cases that discuss whether such an inference can be drawn
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