Does a plaintiff have to rely on collateral estoppel on the merits of her malicious prosecution claim?
California, United States of America
The following excerpt is from Alston v. Dawe, 267 Cal.Rptr.3d 1, 52 Cal.App.5th 706 (Cal. App. 2020):
the merits, simply so she may later meet the favorable termination element of her malicious prosecution claim. Such a rule is inconsistent with one of the main purposes of the doctrines of res judicata and collateral estoppel: promoting judicial economy and conserving judicial resources. (See Proctor v. Vishay Intertechnology, Inc. (2013) 213 Cal.App.4th 1258, 1272, 152 Cal.Rptr.3d 914.)
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