Can a plaintiff maintain a malicious prosecution cause of action if the entire action in which it was filed has been terminated?

California, United States of America


The following excerpt is from Panoutsopoulos v. Karsant Family Ltd., A147324 (Cal. App. 2016):

In none of the many other cases cited by plaintiffs is there any suggestion that a malicious prosecution cause of action arises prior to termination of the entire action in which it is filedregardless of whether the particular claim that is alleged to have been maliciously prosecuted has been favorably resolved. "A cause of action for malicious prosecution does not accrue until such time as the prior proceeding is favorably terminated." (Rich v. Siegel (1970) 7 Cal.App.3d 465, 469-470.) And, as the court stated in Pasternack, "a malicious prosecution plaintiff should be required to simply wait until it obtains a favorable determination of the entire underlying action before it may maintain a

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