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

" '[W]hether the defendant had or had not probable cause for instituting the prosecution is always a matter of law to be determined by the court. If the facts upon which the defendant acted are undisputed, the court, according as it shall be the opinion that they constituted probable cause or not, either will order a nonsuit (or direct a verdict for the defendant), or it will submit the other issues to the jury; but whether admitted or disputed, the question is still one of law to be determined by the court from the facts established in the case. If the facts are controverted, they must be passed upon by the jury before the court can determine the issue of probable cause; but the question of probable cause can never be left to the determination of the jury.' [Citations.]" (Williams v. Coombs, supra, 179 Cal.App.3d [200 Cal.App.3d 265] at p. 636, 224 Cal.Rptr. 865.) While appellants herein argue at length about what respondents should have done before filing Kashian's lawsuit, there is no dispute about respondents' preparation and knowledge prior to filing the action. "Since the material facts relating to [respondents'] factual investigation and legal research are undisputed, the

Page 891