Can a party continue to prosecute an action after becoming aware that the action lacks probable cause?

California, United States of America


The following excerpt is from Kayne Anderson Capital Advisors, LP v. Ghammachi, B256236 (Cal. App. 2015):

Further, "malice can be inferred when a party continues to prosecute an action after becoming aware that the action lacks probable cause." (Daniels v. Robbins (2010) 182 Cal.App.4th 204, 226.)

Other Questions


When a party continues to prosecute an action after becoming aware that the action lacks probable cause? (California, United States of America)
Is malice inferable when a party continues to prosecute an action after becoming aware that the action lacks probable cause? (California, United States of America)
Can malice be inferred when a party continues to prosecute an action after becoming aware that the action lacks probable cause? (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)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Can an attorney be held liable for continuing to prosecute a lawsuit discovered to lack probable cause? (California, United States of America)
What is the test for establishing probable cause for an action without probable cause? (California, United States of America)
Does the prosecution below or the Attorney General on appeal contend the search was supported by probable cause or probable cause? (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)
What is the test for a claim of malicious prosecution if a lawsuit is discovered to lack probable cause? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.