06/07/2004
Malicious Prosecution: Continuing to Prosecute After Learning of Lack of Probable Cause
Zavos v. Stroud, 32 CAL.4TH 958 (APRIL 19, 2004)
Brief Summary
The California Supreme Court has now confirmed that an attorney may be liable for malicious prosecution for the maintenance of a lawsuit once it is discovered that it lacks probable cause. Earlier appellate decisions focused on testing for probable cause at the inception of the lawsuit, now this decision requires an attorney to continually evaluate the case for probable cause.
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