What is the burden of a malicious prosecution claim?

In order to establish a probability of prevailing, Pasternack has the burden to show the three elements of a malicious prosecution claim. That is, the underlying action was: "(i) initiated or maintained by, or at the direction of, the defendant, and pursued to a legal termination in favor of the malicious prosecution plaintiff; (ii) initiated or maintained without probable cause; and (iii) initiated or maintained with malice." (Parrish v. Latham & Watkins (2017) 3 Cal.5th 767, 775 (Parrish).)