California, United States of America
The following excerpt is from Panoutsopoulos v. Karsant Family Ltd., A147324 (Cal. App. 2016):
In Minasian v. Sapse (1978) 80 Cal.App.3d 823, 825-826, the court did hold, as plaintiffs point out, that a cause of action for malicious prosecution "lies for the prosecution of ancillary proceedings, including counterclaims and cross-complaints, as well as for prosecution of the main proceedings." But the sole question in that case was "whether the dismissal of a former proceeding for failure to prosecute (Code Civ. Proc., 583, subd. (a)) constitutes a favorable termination of the proceeding for the purpose of stating a cause of action for malicious prosecution." (Id. at pp. 824-825.) The opinion contains no suggestion that the cause of action arises prior to termination of the entire action.
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