What is the test for a malicious prosecution claim?
California, United States of America
The following excerpt is from SCC Acquistions, Inc. v. Centex Homes, G041486 (Cal. App. 12/7/2009), G041486. (Cal. App. 2009):
To succeed on their malicious prosecution claim, plaintiffs must show that the underlying action "`(1) was commenced by or at the direction of [defendants] and was pursued to a legal termination in [plaintiffs'] favor [citations]; (2) was brought without probable cause [citations]; and (3) was initiated with malice [citations].' [Citation.]" (Crowley v. Katleman (1994) 8 Cal.4th 666, 676.)
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