The complex tort of malicious prosecution is frequently threatened yet rarely fully understood. One of the trickier elements to establish is a “favorable termination” of the prior action. Just because you won the prior lawsuit does not necessarily mean that California courts will recognize the victory as “favorable.”
A defendant’s trial victory establishes a favorable termination. Other modes of terminating a case are less clear. In looking at the prior action, the courts are concerned with whether the prior termination was a result of the assessment by a court or the prior plaintiff that the prior defendant was innocent.
Non-substantive victories. “Technical” or “procedural” victories are not “favorable” for purposes of a malicious prosecution action. Examples of such technical victories are dismissals arising from 1) statute of limitations; 2) settlement; 3) laches; 4) lack of jurisdiction; 5) mootness; 6) lack of standing; 7) res judicata; and 8) ripeness. (JSJ Ltd. Partnership v. Mehrban (2012) 205 Cal.App.4th 1512, 1525). Such victories are considered non-substantive because they do not reflect a determination by the court or the prior plaintiff that the prior defendant was innocent of the alleged misconduct.
Close Situations. Some situations require a closer, fact based evaluation to decide whether the prior victory was favorable. For example, in Zeavin v. Lee (1982) 136 Cal.App.3d 766, 773, a case that ended due to terminating discovery sanctions, would not be Continue reading “Establishing the “Favorable Termination” Element of a Malicious Prosecution claim”
