What is the test for determining whether there is probable cause in a malicious prosecution action?
California, United States of America
The following excerpt is from Hagenbuch v. Steel, D073394 (Cal. App. 2019):
"[T]he existence of probable cause is a question of law . . . ." (Parrish, supra, 3 Cal.5th at p. 776.) In determining "whether the action was supported by probable cause, the court is to construe the allegations of the underlying complaint liberally, in a light most favorable to the malicious prosecution defendant." (Yee v. Cheung (2013) 220 Cal.App.4th 184, 200.)
Page 33
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the prosecution have any authority to determine whether the damage to the body caused by postmortem animal scavenging was caused by human caused mutilation? (California, United States of America)
When a party continues to prosecute an action after becoming aware that the action lacks probable cause? (California, United States of America)
What is the test for a cause of action for malicious prosecution based on an order to show cause in a family law proceeding? (California, United States of America)
Does a cause of action for malicious prosecution arise prior to termination of the entire action? (California, United States of America)
Can a plaintiff maintain a malicious prosecution cause of action if the entire action in which it was filed has been terminated? (California, United States of America)
Can an attorney be held liable for malicious prosecution for continuing to prosecute a lawsuit discovered to lack probable cause? (California, United States of America)
What is probable cause for a malicious prosecution action? (California, United States of America)
Can a party continue to prosecute an action after becoming aware that the action lacks probable cause? (California, United States of America)
What is the test for determining whether there was probable cause to pursue the underlying action? (California, United States of America)
What is the test for establishing probable cause for an action without probable cause? (California, United States of America)
