California Court of Appeal, 5th District January 31, 2018, D071312 (Lane v. Bell)

DATO, J.

*63To prevail in a malicious prosecution action under California law, a malicious prosecution plaintiff (the defendant in the underlying action)

*64must show that (1) the plaintiff in the underlying action pursued a claim with subjective malice, (2) the claim was brought without objective probable cause, and (3) the underlying action was terminated on the merits in favor of the defendant.