What is the test for damages for malicious prosecution where an underlying criminal charge was dismissed in the furtherance of justice?

California, United States of America


The following excerpt is from Soliman v. CVS/Pharmacy, Inc., G046465, Super. Ct. No. 30-2010-00350595 (Cal. App. 2012):

Cases seeking damages for malicious prosecution where an underlying criminal prosecution was dismissed in the furtherance of justice follow the same approach. In Oppenheimer v. Tamblyn (1958) 162 Cal.App.2d 293, the appellate court held a complaint for malicious prosecution based on a previously dismissed criminal charge "was . . . subject to demurrer" where "[t]here [wa]s no statement in [the] complaint of the ground for dismissal of the proceedings . . . ." (Id. at p. 296.)

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