Doctrine Of Collateral Estoppel Applied To Malicious Prosecution Claim.

A man tried to cash some checks at a bank, but the bank refused. The situation evolved into bank employees calling the police and the man being arrested for making a criminal threat. Although the magistrate in the man’s preliminary hearing found the man lacked credibility, a jury acquitted the man on the criminal charges. The man thereafter sued the bank for malicious prosecution. The bank brought a motion for summary judgment, which the trial court granted. In affirming, the Court of Appeal stated: “[U]nder the doctrine of collateral estoppel, the determination of probable cause by the magistrate in plaintiff’s criminal proceeding, when the issue of [plaintiff’s] credibility had been raised before the magistrate, defeats, as a matter of law, plaintiff’s malicious prosecution claim.” (Greene v. Bank of America (Cal. App. Second Dist., Div. 5; May 12, 2015) 236 Cal.App.4th 922 [186 Cal.Rptr.3d 887].)