Law Practice,
Ethics/Professional Responsibility,
Civil Litigation
Aug. 7, 2020
Should we revisit the ‘prior win’ standard for malicious prosecution?
A recent decision by the 4th District Court of Appeal may explain why some litigants and lawyers don’t know when to stop. As the decision rejects the only other published California opinion on the same point, the table is set for our state Supreme Court to clear up some of the misunderstandings.





Louie H. Castoria
Partner
Kaufman, Dolowich & Voluck LLP
425 California St 21st Fl
San Francisco , CA 94104
Phone: (415) 926-7601
Fax: (415) 926-7601
Email: lcastoria@kdvlaw.com
UC Berkeley Boalt Hall
Louie is a mediator with CourtCall Online Dispute Resolution, a member of the Mediation Society, a mandatory settlement officer with the San Francisco County Superior Court, and an adjunct professor of law at Golden Gate University. He won his first U.S. Supreme Court on July 1, 2021.
A recent decision by the 4th District Court of Appeal may explain why some litigants and lawyers don't know when to stop. As the decision rejects the only other published California opinion on the same point, the table is set for our state Supreme Court to clear up some of the misunderstandings.
The two colliding cases are the 2nd District's $95
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