California, United States of America
The following excerpt is from Hindin v. Wehner & Perlman, B216500, B223061, B228056 (Cal. App. 2012):
As to the intentional tort of malicious prosecution, an officer or director may be liable "'without personally signing the complaint initiating the . . . proceeding.' [Citation.] . . . '"[T]he test of liability in an action for malicious prosecution is whether the [officer or director] was actively instrumental or was the proximate and efficient cause of maliciously putting the law in motion."'" (Bernstein v. Maimes (1954) 126 Cal.App.2d 468, 475.) Whether an officer or director actively participated in instigating or prosecuting the allegedly malicious lawsuit is a question of fact. (Id. at p. 475.)
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