Union Oil of California, Amsco Div. v. Watson

How courts have described this case

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

• noting that because a settlement “reflects ambiguously on the merits of the action,” it is “generally not deemed a favorable termination of the proceedings”
• noting that voluntary dismissal of a complaint is not typically a “bona fide termination” for purposes of a malicious prosecution claim except where the dismissal “reflect[s] on the merits, as where the record contains evidence indicating a lack of probable cause”
• explaining that a “bona fide termination of the proceeding in the plaintiff’s favor is an essential element of a malicious prosecution action” that is “satisfied by either a favorable decision on the merits or a bona fide termination of the proceedings”
• stating dismissal for lack of jurisdiction not considered adjudication on the merits
• “[W]hether a withdrawal or abandonment of the proceedings constitutes a favorable termination depends upon the circumstances under which the withdrawal occurs.”
• “‘Bona fide’ . . . means that the termination was not bargained for or obtained by the accused upon a promise of payment or restitution.”

Source: CourtListener parenthetical corpus (CC0).