“Malicious prosecution is the initiation and maintenance of legal proceedings against a third person with malice and without probable cause. The elements of a claim for malicious prosecution include (1) a prior action commenced by or at direction of defendant, (2) that lacked probable cause, (3) was initiated with malice, and (4) resulted in a termination of the action in plaintiff’s favor. The statute of limitations for malicious prosecution is two years.”
[California Practice Guide: Civil Procedure Before Trail Claims & Defenses [citations to primary sources omitted]]
