Does a finding of probable cause to hold a defendant for trial have any effect in a subsequent civil action?
California, United States of America
The following excerpt is from Elliott v. Hovrick, B248426 (Cal. App. 2014):
magistrate's finding of probable cause to hold a defendant for trial is not a finding of probable cause to arrest (or detain), and that even if it were, the magistrate's limited factfinding powers do not permit the defendant to 'actually litigate' the issue so as to give the magistrate's ruling preclusive effect in a later civil suit." (Schmidlin v. City of Palo Alto, supra, 157 Cal.App.4th at p. 768.)
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