In California malicious prosecution is a civil cause of action aimed to go after individuals who file frivolous lawsuits and cause damages as a result.
Malicious prosecution claims are having a chilling effect on an ordinary citizen’s readiness to bring a dispute to the court, and are often characterized as a “disfavored cause of action.”
An injured person must be able to prove all the elements for this claim. Failing to prove any one of the elements of this cause of action will result in a loss at trial.
According to CACI 1501 to prove a claim of malicious prosecution the plaintiff must be able to show the following:
Do you feel as though you or a loved one have been a victim of malicious prosecution in California? KAASS Law would be happy to take a look into your situation to see what we can do to help you out. Give us a call now at (310) 943-1171 or get in touch by filling out the form below.
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