Press "Enter" to skip to content

Posts published in “Malicious Prosecution Claim”

California Appeals Court Rules Probable Cause Defeats Malicious Prosecution Claim

The Court of Appeal of the State of California, Second Appellate District, recently affirmed the trial court’s ruling in favor a bank and its employee as to a plaintiff’s malicious prosecution claim. In so ruling, the Appellate Court held that the doctrine of the law of the case does not bar application of the doctrine of collateral estoppel to plaintiff’s malicious prosecution claim, and that a magistrate’s determination in the plaintiff’s criminal proceeding on the issue of probable cause defeats the malicious prosecution claim as a matter of law. A copy of the opinion is available at: The plaintiff sued…