ALSTON v. DAWE

No. G057157.

52 Cal.App.5th 706 (2020)

ELAINE B. ALSTON et al., Plaintiffs and Appellants, v. MICHAEL G. DAWE et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division Three.

July 27, 2020.


Attorney(s) appearing for the Case

Copenbarger & Associates, Paul D. Copenbarger and Elaine B. Alston for Plaintiffs and Appellants.

Prenovost, Normandin, Bergh & Dawe, Michael G. Dawe and Brian D. Cronin for Defendants and Respondents.


OPINION

A plaintiff suing for malicious prosecution must establish the underlying action was terminated in her favor. To satisfy this element, if the underlying action was terminated by means other than trial, the termination must involve a determination on the merits of the case and specifically the malicious prosecution...

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