236 Cal. App. 4th 922
Cal. Ct. App.2015Background
- Greene sues Bank of America and Casasola for malicious prosecution after arrest for alleged criminal threat over two State Farm checks.
- Prior anti-SLAPP dismissal; on remand, Bank moved for summary judgment based on collateral estoppel from magistrate's probable cause ruling.
- Magistrate found Casasola credible; probable cause existed; Greene was acquitted at criminal trial.
- Greene contends law-of-the-case barred relitigation of probable cause; Bank contends collateral estoppel applies.
- Court held collateral estoppel applies because magistrate credited Casasola’s testimony; law of the case did not preclude relitigation; summary judgment proper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether collateral estoppel bars relitigating probable cause. | Greene argues collateral estoppel does not apply due to fraud in the hearing. | Bank argues magistrate finding of probable cause is binding and precludes relitigation. | Collateral estoppel applies; lack of probable cause cannot be relitigated. |
| Whether law of the case forecloses reexamining probable cause. | Greene contends law of the case governs issues decided on appeal. | Law of the case does not foreclose considering collateral estoppel. | Law of the case did not preclude collateral estoppel analysis. |
| Whether the credibility ruling at the preliminary hearing defeats relitigation. | Greene asserts credibility issues render the collateral-estoppel effect improper. | Credibility finding supports collateral estoppel by validating probable cause. | Credibility finding at preliminary hearing supports collateral estoppel. |
Key Cases Cited
- Sheldon Appel Co. v. Albert & Oliker, 47 Cal.3d 863 (Cal. 1989) (elements of malicious prosecution; probable cause, absence of metastate)
- Greene v. Bank of America, 216 Cal.App.4th 454 (Cal. Ct. App. 2013) (law-of-the-case and collateral-estoppel considerations in mal-prosecution)
- Wige v. City of Los Angeles, 713 F.3d 1183 (9th Cir. 2013) (collateral estoppel in probable-cause determinations from preliminary hearings)
- McCutchen v. City of Montclair, 73 Cal.App.4th 1138 (Cal. Ct. App. 1999) (probable-cause findings in criminal proceedings preclude civil relitigation; exceptions for officer’s lies)
- Guenther v. Holmgreen, 738 F.2d 879 (7th Cir. 1984) (early collateral-estoppel treatment of veracity challenges in preliminary hearings)