Can a malicious prosecution plaintiff obtain a preliminary injunction against the malicious prosecution defendants?

California, United States of America


The following excerpt is from Breeze v. Baer, D073898, D074381 (Cal. App. 2019):

A preliminary injunction is among the interim adverse judgments that preclude a malicious prosecution plaintiff from demonstrating a lack of probable cause, unless the injunction was obtained by perjury or fraud. (See Fleishman, supra, 102 Cal.App.4th at p. 358; Paiva v. Nichols (2008) 168 Cal.App.4th 1007, 1022 (Paiva) ["the granting of the preliminary injunction in favor of [malicious prosecution defendants] conclusively established that [they] had probable cause to initiate the prior suit"].)

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