What is the test for determining probable cause in a civil case?

California, United States of America


The following excerpt is from Citizens of Humanity, LLC v. Hass, 259 Cal.Rptr.3d 380, 46 Cal.App.5th 589 (Cal. App. 2020):

before the court can determine the legal question of probable cause. (See Sheldon, supra , 47 Cal.3d at p. 881, 254 Cal.Rptr. 336, 765 P.2d 498 ["[T]he jury must determine what facts the defendant knew ...."].) "[C]ases have also made clear that if the facts upon which the defendant acted in bringing the prior action are controverted, they must be passed upon by the jury before the court can determine the issue of probable cause .... "What facts and circumstances amount to probable cause is a pure question of law. Whether they exist or not in any particular case is a pure question of fact. The former is exclusively for the court, the latter for the jury." " ( Id. at p. 877, 254 Cal.Rptr. 336, 765 P.2d 498, citing Ball v. Rawles (1892) 93 Cal. 222, 227, 28 P. 937.)

Other Questions


In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases? (California, United States of America)
Is there any case law where a probable cause hearing conducted by the Superior Court of California Probable Cause Officer (PCCO) was conducted as a pro forma interview rather than a fact-finding hearing? (California, United States of America)
In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases? (California, United States of America)
What is the test for obtaining a probable cause determination under section 825 of the Civil Code of Civil Procedure? (California, United States of America)
What is the test for determining cause of cause in a civil case? (California, United States of America)
Is there any case law where a defendant's answer to a civil case is insufficiently pleading the defense of probable cause? (California, United States of America)
What is probable cause for probable cause in a sexual assault case? (California, United States of America)
What is a magistrate's duty to determine probable cause in a civil case? (California, United States of America)
What is the test for determining probable cause in a civil case? (California, United States of America)
In what circumstances will the Supreme Court strike down a section of the Civil Rights Act that prohibits the use of certain types of civil rights, such as civil liberties, as well as those of the individual, in the context of civil liberties? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.