Malicious Prosecution Now Includes Continuing to Maintain a Meritless Action0
site admin posted in General on January 19th, 2005
Last April, the California Supreme Court held that:
“…an attorney may be held liable for malicious prosecution for continuing to prosecute a lawsuit discovered to lack probable cause.”
Zamos v. Stroud (2004) 32 Cal. 4th 958
Prior to that case, to make out a cause of action for malicious prosecution, it required that the underlying case must have been “brought without probable cause” and “initiated with malice.”