UJI 13-1639. Misuse of process; lack of probable cause.1

A misuse of the legal process occurs when a defendant [begins a judicial proceeding] [actively participates in beginning a judicial proceeding] without probable cause. Probable cause is a reasonable belief, founded on known facts established after a reasonable pre-filing investigation, that the claims made could be established to the satisfaction of [a court or a jury] [an arbitrator]. Alternative 1 (the court determines lack of probable cause) [This court has determined that the judicial proceeding _________________ (name the proceeding and the parties) was brought without probable cause.]2 Alternative 2 (dispute of fact about the existence of probable cause) [It is your role to resolve the disputes of fact between the parties.3 In this case, ______________ (name of the plaintiff) says _________________ (describe the plaintiff’s factual allegations). ______________________ (Name of the defendant) denies what __________________ (name of the plaintiff) says, and ____________________ (name of the defendant) says ___________________ (describe the defendant’s position). If you find that _________________ (name of the plaintiff) has proved [his] [her] [its] version of the facts, then the judicial proceeding was brought without probable cause.]