Does the tort of malicious prosecution stand against a plaintiff in a civil action?
California, United States of America
The following excerpt is from Nash v. Wutzke, A127115 (Cal. App. 2011):
The tort of malicious prosecution is disfavored, both because of its potential to impose a chilling effect on a citizen's willingness to bring a civil action, " 'and because, as a means of deterring excessive and frivolous lawsuits, it has the disadvantage of constituting a new round of litigation itself.' [Citation.]" (Zamos v. Stroud(2004) 32 Cal.4th 958, 966.) However, this principle should not be used to defeat a legitimate cause of action. (Ibid.)
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