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 six claims relating to an alleged easement were dismissed either when an amended complaint dropped the claims against the malicious prosecution plaintiff after a demurrer was sustained with leave to amend, or when an amended complaint was later dismissed because it did not allege that the malicious prosecution plaintiff held any present interest in any of the properties involved in the suit. The malicious prosecution plaintiff also satisfied the lack of probable cause and malice elements of the claim by showing that the plaintiff in the underlying action, and her attorneys, knew about the lack of interest in the property yet pursued the action anyway.