Hart v. Darwish reviewed a trial court’s determination on a motion for judgment on the pleadings that property owners had not maliciously prosecuted an unlawful detainer action: “To state a claim for malicious prosecution, a person must demonstrate that its adversary initiated a prior action (1) that was terminated in the person’s favor, (2) that the adversary brought the prior action ‘without probable cause’, and (3) that the adversary did so with ‘malice’.”
However, courts will look to what happened in the prior action for indicators that it was legally tenable. In fact, certain substantive rulings will give a near-conclusive effect to certain verdicts or rulings in the former plaintiff’s favor, indicating that there was probable cause in prosecuting the action, even though it ultimately terminated in the former defendant’s favor. This is known as the interim adverse judgment rule.
Continue reading Hart v. Darwish – Second District Applies “Interim Adverse Judgment” Rule To Reject Malicious Prosecution Claim