What is the test for a claim of malicious prosecution if a lawsuit is discovered to lack probable cause?
California, United States of America
The following excerpt is from Boladian v. Clough, B269508 (Cal. App. 2017):
5. "[C]ontinuing to prosecute a lawsuit discovered to lack probable cause" may also support a claim of malicious prosecution. (Zamos v. Stroud (2004) 32 Cal.4th 958, 973 (Zamos).) "Continuing an action one discovers to be baseless harms the defendant and burdens the court system just as much as initiating an action known to be baseless from the outset." (Id. at p. 969.)
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