California, United States of America
The following excerpt is from Citizens of Humanity, LLC v. Hass, 259 Cal.Rptr.3d 380, 46 Cal.App.5th 589 (Cal. App. 2020):
before the court can determine the legal question of probable cause. (See Sheldon, supra , 47 Cal.3d at p. 881, 254 Cal.Rptr. 336, 765 P.2d 498 ["[T]he jury must determine what facts the defendant knew ...."].) "[C]ases have also made clear that if the facts upon which the defendant acted in bringing the prior action are controverted, they must be passed upon by the jury before the court can determine the issue of probable cause .... "What facts and circumstances amount to probable cause is a pure question of law. Whether they exist or not in any particular case is a pure question of fact. The former is exclusively for the court, the latter for the jury." " ( Id. at p. 877, 254 Cal.Rptr. 336, 765 P.2d 498, citing Ball v. Rawles (1892) 93 Cal. 222, 227, 28 P. 937.)
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