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Tag Archives: probable cause

Evaluating “Probable Cause” in Malicious Prosecution Cases

By Robert Ross |

MALICIOUS PROSECUTION REQUIRES FILING A LAWSUIT WHICH LACKS “PROBABLE CAUSE.” The “probable cause” required to support a lawsuit, and avoid a claim of malicious prosecution, is measured under an objective standard. The California Supreme Court established an objective test for frivolous lawsuits, which also applies to probable cause for purposes of malicious prosecution. The… Read More »

Probable Cause in Malicious Prosecution Actions

By Robert Ross |

EVERY CLAIM IN A LAWSUIT MUST BE SUPPORTED BY PROBABLE CAUSE Lawsuits often contain many different “claims” or causes of action. Every cause of action must be supported by probable cause–a reasonable belief that the claim is valid and supported by law. A plaintiff (and, in proper cases, a lawyer) who files a claim without… Read More »

Attorneys (& Plaintiffs) Need “Probable Cause” to Bring a Lawsuit

By Robert Ross |

VALID LAWSUITS REQUIRE PROBABLE CAUSE Malicious prosecution generally requires a plaintiff (and, sometimes, his or her lawyer) pursuing a lawsuit which was brought without probable cause. In simple terms, “probable cause” means a reasonable belief that the lawsuit is valid, based on the objective facts and circumstances of the relevant case. Lawsuits brought without probable cause… Read More »

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