Oviedo v. Windsor Twelve Properties, LLC, 212 Cal. App. 4th 97 (2012)

Citation: Oviedo v. Windsor Twelve Properties, LLC, 212 Cal. App. 4th 97 (2012)
Parent Document: Oviedo v. Windsor Twelve Properties, LLC, 212 Cal. App. 4th 97 (2012)
Jurisdiction: California (state)
Effective Date: 2012-11-19
Original Source: https://www.courtlistener.com/opinion/5811531/oviedo-v-windsor-twelve-properties-llc/ ↗

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“The probable cause element is objective, not subjective, with the trial court required to determine whether, on the basis of the facts known to [respondents], it was legally tenable to bring the prior action. The benchmark for legal tenability is whether any reasonable attorney would have thought the claim was tenable. [Citation.] Good faith reliance on the advice of counsel, after truthffil disclosure of all the relevant facts, is a complete defense to a malicious prosecution claim. [Citation.]” (Bisno v. Douglas Emmett Realty Fund 1988, supra, 174 Cal.App.4th at p. 1544.) “However, if the initiator acts in bad faith or withholds from counsel facts he knew or should have known would defeat a cause of action otherwise appearing from the information supplied, that defense fails. [Citations.]” (Bertero v. National General Corp. (1974) 13 Cal.3d 43, 53-54 [118 Cal.Rptr. 184, 529 P.2d 608].)

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