A required element of a malicious prosecution action is for the plaintiff to prove that an underlying action was successfully terminated in its favor on the merits. In a recent case the California Court of Appeal held that if a plaintiff prevails on a single cause of action in a multi cause of action complaint, the defendant, who prevailed on all but one of the multiple causes of action, can’t establish the favorable termination element necessary to bring a malicious prosecution action. Lane v. Bell 20 Cal.App.5th 605, 228 Cal.Rptr.3d 605 (2018).
