Does a party have probable cause to pursue a claim for damages against a defendant who has been found guilty of malicious prosecution?

A party does not have probable cause if it advances a legal theory of recovery "which is untenable under the facts known to [it]." (Sangster v. Paetkau (1998) 68 Cal.App.4th 151, 165.) "In making its determination whether the prior action was legally tenable, the court must construe the allegations of the underlying complaint liberally in a light most favorable to the malicious prosecution defendant." (Id. at p. 165.)