What are the elements of a cause of action for malicious prosecution?
California, United States of America
The following excerpt is from Bashardoost v. G&F Concrete Cutting, Inc., G047548 (Cal. App. 2013):
The elements of a cause of action for malicious prosecution are "'that the prior action (1) was commenced by or at the direction of the defendant and was pursued to a legal termination in his, plaintiff's, favor [citations]; (2) was brought without probable cause [citations]; and (3) was initiated with malice [citations].' [Citation.]" (Crowley v. Katleman (1994) 8 Cal.4th 666, 676.)
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