What is the test for malicious prosecution of a civil proceeding?
California, United States of America
The following excerpt is from Boladian v. Clough, B269508 (Cal. App. 2017):
To establish " 'a cause of action for the malicious prosecution of a civil proceeding, a plaintiff must plead and prove that the prior action (1) was commenced by or at the direction of the defendant and was pursued to a legal termination in his, plaintiff's, favor [citations]; (2) was brought without probable cause [citations]; and (3) was initiated with malice [citations].' " (Crowley v. Katleman (1994) 8 Cal.4th 666, 676.)5
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