In a declaratory relief action, what is the test for eliminating any potential liability for malicious prosecution?
California, United States of America
The following excerpt is from Camarena v. Sequoia Ins. Co., 190 Cal.App.3d 1089, 235 Cal.Rptr. 820 (Cal. App. 1987):
In sum, there is nothing in the nature of declaratory relief actions which requires that we eliminate any potential liability for malicious prosecution. We believe it is more appropriate to protect access to judicial proceedings by focusing on the requirement that plaintiffs plead and prove malice. (See Chauncey v. Niems, supra, 182 Cal.App.3d at pp. 978-980, 227 Cal.Rptr. 718.)
3. Malice
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