Does a cause of action for malicious prosecution arise prior to termination of the entire action?

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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