What is the test for determining whether a plaintiff has been successful in a personal injury action?
California, United States of America
The following excerpt is from Mirabel v. Bailey, G049766 (Cal. App. 2015):
previous action in his or her favor, (2) malice, that is, improper purpose or ill-will as an underlying motivation for the action, and (3) lack of probable cause to file or maintain it. (Crowley v. Katleman (1994) 8 Cal.4th 666, 676.)
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