1. Abuse of Process

2. Account Stated

3. Accounting

4. Assault

5. Battery

6. Breach: 01. Breach of Contract

7. Breach: 02. Breach of Third-Party Beneficiary Contract

8. Breach: 03. Breach of Contract, Implied

9. Breach: 04. Breach of Contract, Tortious

10. Breach: 05. Breach Implied Covenant of Good Faith & Fair Dealing

11. Breach: 06. Breach Implied Covenant of Good Faith & Fair Dealing, Tortious

12. Breach: 07. Breach of Express Warranty

13. Breach: 08. Breach of Implied Warranty of Merchantability

14. Breach: 09. Breach of Implied Warranty of Fitness for a Particular Purpose

15. Breach: 10. Breach of Fiduciary Duty

16. Breach: 11. Breach of Confidence - Novel Idea

17. Breach: 12. Breach of Fiduciary Duty Aiding And Abetting

18. Breach: 13. Breach of Implied Warranty of Habitability

19. Breach: 14. Breach of Insurance Contract

20. Breach: 15. Breach of Joint Venture Agreement

21. Breach: 16. Breach of Promissory Note

22. Breach: 17. Breach of Implied Warranty of Merchantability Imposed by the Song - Beverly Consumer Warranty Act - “Lemon Law”

23. Cal. Civ. Proc. Code 431.30(b) and Other Standard Defense

24. Civil Conspiracy

25. Constructive Trust

26. Contribution - Uniform Contribution Among Tortfeasors Act

27. Conversion

28. Corporate Negligence

29. Deceit - Fraudulent Concealment

30. Declaratory Relief

31. Defamation Libel

32. Defamation Per Quod

33. Defamation Per Se

34. Defamation Slander

35. Defamation Trade Libel

36. Dog Bites

37. Emotional Distress, Intentional Infliction

38. Emotional Distress, Negligent Infliction

39. Equitable Estoppel

40. Equitable Subrogation

41. False Advertising

42. False Imprisonment

43. Fraud

44. Fraud Constructive

45. Indemnity

46. Intentional Interference Parent-Child

47. Intentional Interference with Economic Relations - Real Estate Brokerage

48. Intentional Interference with Testamentary Expectation

49. Interference with Economic Relations - Intentional

50. Interference with Economic Relations - Negligent

51. Interference with Existing Contract - Intentional

52. Interference with Existing Contract - Negligent

53. Invasion of Privacy - Appropriation of Likeness

54. Invasion of Privacy - False Light

55. Invasion of Privacy - Intrusion

56. Invasion of Privacy - Public Disclosue of Private Facts

57. Legal Malpractice

58. Loss of Consortium

59. Malicious Prosecution

60. Misrepresentation, Fraudulent - Promissory Fraud

61. Misrepresentation, Negligent

62. Money Had & Received

63. Negligence

64. Negligence, Gross

65. Negligence, Professional

66. Negligence, Willful Misconduct

67. Negligent Entrustment

68. Negligent Hiring, Supervision and Retention

69. Open Book Account

70. Preliminary Injunction

71. Promissory Estoppel

72. Quantum Meruit

73. Quiet Title

74. Rescission

75. Resulting Trust

76. Slander of Title

77. Strict Liability - Manufacturing Defect

78. Strict Liability Design Defect

79. Strict Liability Failure to Warn

80. Trade Dress Infringement

81. Unfair Competition - Common Law Copyright

82. Unfair Competition - General

83. Unfair Competition - Trade Name, Service Mark, and Trademark Infringement and Dilution

84. Unjust Enrichment

85. Wrongful Conduct - Bane Act

86. Wrongful Termination in Violation of Public Policy

Malicious Prosecution

1Elements and Case Citations

To establish a cause of action for malicious prosecution, a plaintiff must demonstrate that the prior action

(1) was initiated by or at the direction of the defendant and legally terminated in the plaintiff's favor,
(2) was brought without probable cause, and
(3) was initiated with malice.

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  • The rest of the elements for this cause of action;
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  • The statute of limitations; and
  • The defenses to this cause of action.

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