For the purposes of determining whether there is malice, what is the test for the purpose of establishing malice?

California, United States of America


The following excerpt is from Walsh v. Bronson, 200 Cal.App.3d 259, 245 Cal.Rptr. 888 (Cal. App. 1988):

For the foregoing reasons we also conclude that respondents have negated the element of malice. Appellants' sole contention regarding the existence of malice is the observation that it can be inferred from a lack of probable cause. Since we have concluded that probable cause was present, we also conclude that malice is nonexistent. The thoroughness of respondents' research and investigation negates any possible inference of malice. (See Grindle v. Lorbeer

Page 895

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