What is the test for establishing a probability that a plaintiff will prevail on their claim for malicious prosecution?
California, United States of America
The following excerpt is from Weissensee v. Argentos, A151726, A152929 (Cal. App. 2018):
With those principles in mind, we turn to an analysis of whether plaintiffs established a probability that they will prevail on their claim for malicious prosecution, an analysis we make on de novo review. (Grewal v. Jammu, supra, 191 Cal.App.4th at p. 988.) And conclude they did not, failing to demonstrate a likelihood of prevailing on any, let alone all, of the elements of malicious prosecution.
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