What is the test for malicious prosecution of a civil action?
California, United States of America
The following excerpt is from Friedrich v. Ormanzhi, C077122 (Cal. App. 2017):
To establish a cause of action for malicious prosecution of a civil action, a plaintiff must plead and prove the underlying action (1) was commenced by or at the direction of the defendant and was pursued to a legal termination in plaintiff's favor; (2) was brought or continued without probable cause; and (3) was initiated or continued with malice. (Zamos v. Stroud (2004) 32 Cal.4th 958, 965-966.)
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