What is the test for establishing probable cause for an action without probable cause?

California, United States of America


The following excerpt is from Yoon v. Jeju Special Self-Governing Province Dev. Corp., 2d Civil No. B255584 (Cal. App. 2015):

supports a reasonable inference that the action was initiated not only without probable cause, but also for an improper purpose, such as forcing a monetary settlement unrelated to the claim's merits. (Cole, supra, 206 Cal.App.4th at pp. 1113-1114; Jay v. Mahaffey, supra, 218 Cal.App.4th at p. 1544.)

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
When a party continues to prosecute an action after becoming aware that the action lacks probable cause? (California, United States of America)
What causes of action can a plaintiff bring in a common law cause of action for emotional distress and wrongful discharge? (California, United States of America)
Can a party continue to prosecute an action after becoming aware that the action lacks probable cause? (California, United States of America)
What is the test for a motion to dismiss a motion where the opposing party failed to establish that one or more elements of the cause of action cannot be established? (California, United States of America)
Does a defendant have a claim that he was arrested without charge and released without a probable cause determination? (California, United States of America)
Does a burglar who ransack a victim's car cause cause probable cause for arrest and completed unlawful vehicle taking? (California, United States of America)
Can a plaintiff bring an inverse condemnation action against a governmental entity for damage caused to private property caused by a governmental action? (California, United States of America)
What is probable cause for probable cause in a sexual assault case? (California, United States of America)
What is the next cause of action for breach of contract to not terminate without cause? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.