Can a plaintiff bring a malicious prosecution cause of action?
California, United States of America
The following excerpt is from Sameer v. Khera, F073777 (Cal. App. 2020):
We note Madhu's malicious prosecution cause of action is not barred by the litigation privilege. (Rubin v. Green (1993) 4 Cal.4th 1187, 1194.) However, "[t]o establish a cause of action for the malicious prosecution of a civil proceeding, a plaintiff must plead and prove that the prior action (1) was commenced by or at the direction of
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