Is malice inferable when a party continues to prosecute an action after becoming aware that the action lacks probable cause?
California, United States of America
The following excerpt is from In re Ryan, A140197 (Cal. App. 2016):
Malice is born of knowledge, and malice is inferable "when a party continues to prosecute an action after becoming aware that the action lacks probable cause." (Daniels v. Robbins (2010) 182 Cal.App.4th 204, 226, italics omitted; see also Soukup, supra, 39 Cal.4th at p. 292; Cole, supra, 206 Cal.App.4th at p. 1114.)
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