Can a plaintiff bring a malicious prosecution claim against defendants?

California, United States of America


The following excerpt is from Shaw v. Peninsula Point Prop. Owners Ass'n, H046345 (Cal. App. 2019):

Defendants, relying primarily on Siam v. Kizilbash (2005) 130 Cal.App.4th 1563 (Siam), contend that plaintiff's malicious prosecution claim fails because such a claim

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may not be based on defendants' unsuccessful petition for a civil harassment restraining order.

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