Does a settlement involving waiver of costs and fees preclude a later action for malicious prosecution?

23 Cal. App.4th 1807, 1814, 29 Cal.Rptr.2d 36 [settlement involving waiver of costs and fees precludes a later action for malicious prosecution].) It is not necessary to analyze the particular circumstances of the settlement or to examine the motivations of the partiesa negotiated settlement not only creates an ambiguity as to the merits of the underlying action, it is entirely inconsistent with bringing a further lawsuit for malicious prosecution. (See Ludwig v. Superior Court, supra, 37 Cal.App.4th at p. 29, 43 Cal.Rptr.2d 350.)