What is the test for determining whether there was probable cause to pursue the underlying action?

On the question whether there was probable cause to pursue the underlying action, we review the elements of each cause of action individually. ( Lanz v. Goldstone (2015) 243 Cal.App.4th 441, 459, 197 Cal.Rptr.3d 227.) The decision on the probable cause element is normally made by the court as a matter of law based on an objective assessment of the merits of the underlying action. ( Parrish , supra , 3 Cal.5th at p. 776, 221 Cal.Rptr.3d 432, 400 P.3d 1 ;

[51 Cal.App.5th 794]