Sheldon Appel Co. v. Albert & Oliker

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that in order to establish a prima facie case of malicious prosecution under California law, a plaintiff must prove, inter alia, that the prosecuted action was brought without probable cause
• in a civil malicious prosecution suit, probable cause exists if “any reasonable attorney would have thought the claim tenable”
• expert testimony inadmissible on issue of probable cause in malicious prosecution suit where it was alleged that defendants failed to adequately investigate claim before bringing suit
• expert testimony inadmissible on issue of probable cause in malicious prosecution suit where it was alleged that defendants failed to adequately investigate claim before bringing suit
• a claim is tenable if “at least one prior California decision” with, “somewhat comparable” facts suggests available relief
• the court must determine “whether any reasonable attorney would have thought the claim tenable_”

Source: CourtListener parenthetical corpus (CC0).