A person who is arrested, but not ultimately prosecuted, may not maintain an action for malicious prosecution against the witness whose complaint prompted the arrest. A person who is only arrested and is not the subject of any criminal prosecution cannot sue the complaining witness (at whose behest the arrest was made) for malicious prosecution. Arrest alone does not satisfy the “prosecution” element of a malicious prosecution suit.
California Court of Appeal, Fourth District, Division 2 (Ramirex, P.J.); May 19, 2017; 2017 WL 2200166