California, United States of America
The following excerpt is from Lei v. Yan, A148550 (Cal. App. 2018):
" '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].' [Citation.]" (Nicholson v. Fazeli, supra, 113 Cal.App.4th at p. 1098.)
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