29 Cited authorities

  1. Soukup v. Law Offices of Herbert Hafif

    39 Cal.4th 260 (Cal. 2006)   Cited 1,150 times   3 Legal Analyses
    Holding that the question is whether "the complaint is both legally sufficient and supported by a sufficient prima facie showing of facts to sustain a favorable judgment if the evidence submitted by the plaintiff is credited" (citation and punctuation omitted)
  2. Wilson v. Parker, Covert Chidester

    28 Cal.4th 811 (Cal. 2002)   Cited 690 times
    Finding that denial of a motion for nonsuit establishes the plaintiff can substantiate its claims with sufficient evidence to support a favorable verdict
  3. Crowley v. Katleman

    8 Cal.4th 666 (Cal. 1994)   Cited 604 times   1 Legal Analyses
    Holding that "a suit for malicious prosecution lies for bringing an action charging multiple grounds of liability when some but not all of those grounds were asserted with malice and without probable cause"
  4. Lee v. Hanley

    61 Cal.4th 1225 (Cal. 2015)   Cited 314 times   1 Legal Analyses
    Holding that § 340.6 did not bar plaintiff's fee dispute claim that attorney refused to return unearned attorney's fees, because the claim could also be construed as conversion
  5. Sheldon Appel Co. v. Albert Oliker

    47 Cal.3d 863 (Cal. 1989)   Cited 707 times   2 Legal Analyses
    Holding that the question for the probable cause analysis in a malicious prosecution action is whether any reasonable attorney would have thought the claim was tenable
  6. Pacific Gas Electric Co. v. Bear Stearns Co.

    50 Cal.3d 1118 (Cal. 1990)   Cited 665 times   5 Legal Analyses
    Holding that interference with plaintiff's performance may give rise to a claim for interference with contractual relations if plaintiff's performance is made more costly or more burdensome
  7. Sangster v. Paetkau

    68 Cal.App.4th 151 (Cal. Ct. App. 1998)   Cited 315 times
    Analyzing the probable cause of a lay person without drawing any distinction, noting "A litigant will lack probable cause for his action either if he relies upon facts which he has no reasonable cause to believe to be true, or if he seeks recovery upon a legal theory which is untenable under the facts known to him"
  8. Bertero v. National General Corp.

    13 Cal.3d 43 (Cal. 1974)   Cited 590 times   3 Legal Analyses
    Approving a jury instruction allowing the jury to find for the plaintiff in a malicious prosecution action even if only one of the three theories of liability pleaded in the underlying action lacked probable cause
  9. Siebel v. Mittlesteadt

    41 Cal.4th 735 (Cal. 2007)   Cited 127 times   3 Legal Analyses
    Explaining that a lack of probable cause is one of the three elements of a state law malicious prosecution claim
  10. Babb v. Superior Court

    3 Cal.3d 841 (Cal. 1971)   Cited 333 times
    Holding that a declaratory relief claim "operates prospectively, and not merely for the redress of past wrongs."