The favorable termination element of a malicious prosecution action may be satisfied if one or more of the claims alleged in the underlying action was dismissed on the merits--even if other claims were dismissed for procedural reasons (such as the bar of the statute of limitations). Here, several of the claims in the underlying action were dismissed as time-barred, but… Read More
A person who was not named as a defendant in the prior action, who did not formally intervene as a defendant in that action, and who was not treated as a defendant by the court or the plaintiff, has no standing to sue for malicious prosecution in filing or pursuing the prior action, even if he filed an answer in… Read More
The trial court properly determined, as a matter of law, that defendant attorneys lacked probable cause to file and to continue prosecuting an action by a mobilehome park resident against the park owner for interference with the resident's contract to sell her mobilehome to a third party. The Mobilehome Residency Law at the time allowed park owners to require would-be… Read More
Though noting a split of authority on the issue, this decision follows Lossing v. Superior Court (1989) 207 Cal.App.3d 635 in holding that a civil contempt proceeding brought to enforce discovery orders (in this case, post-judgment discovery orders) cannot form the basis of a later malicious prosecution action. Read More
Shloss was Cohen's attorney in a disability discrimination suit Cohen brought against Golden State when one of its delivery drivers parked in a disabled persons parking spot to make a delivery. Cohen claimed the delivery truck kept him from parking the disabled spot and thus blocked his access to nearby business A. At trial, Cohen had no evidence to show… Read More
In reviewing an order denying an Anti-SLAPP motion in a malicious prosecution case, the appellate court applies the norrmal standard of review, drawing all inferences in favor of the non-moving party. Those inferences will not affect the case when it proceeds to trial. And the appellate court's affirmance of the order denying the Anti-SLAPP motion will only preclude a summary… Read More
The interim adverse judgment rule did not prevent this malicious prosecution action because the maliciious prosecution defendant had engineered a denial of the defense summary judgment motion in the underlying action by withholding of a critical piece of evidence in willful violation of multiple court orders--which had it been produced would have resulted in summary judgment being awarded. The withheld… Read More
A unilateral dismissal of the underlying action while facing a motion for terminating discovery sanctions was a favorable termination sufficient to serve as the basis for a malicious prosecution action by the former defendant even though the dismissal was accompanied by a negotiated payment of less than all of the former defendant's legal fees. The slight reduction in fees was… Read More
The favorable termination element of a malicious prosecution claim cannot be satisfied if the plaintiff in the underlying action prevailed on any claim. Read More
A person who is arrested, but not ultimately prosecuted, may not maintain an action for malicious prosecution against the witness whose complaint prompted the arrest. Read More
