What is the test for probable cause in a civil matter?
California, United States of America
The following excerpt is from Jacques Intriors v. Petrak, 188 Cal.App.3d 1363, 234 Cal.Rptr. 44 (Cal. App. 1987):
Probable cause does not depend on the actual state of the case but rather on whether the one instigating the proceeding has knowledge, information, or facts sufficient to cause a reasonable person to believe honestly that the charge is true. (Centers v. Dollar Markets (1950) 99 Cal.App.2d 534, 540-541, 222 P.2d 136.)
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