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1074 REVIEW DENIED If a plaintiff who believes her action against a defendant is meritorious voluntarily dismisses it as consideration for payment by another defendant, the dismissal is not a termination on the merits in favor of the defendant and may not give rise to a malicious prosecution action; but if the plaintiff voluntarily dismisses the action against a defendant because s/he does not believe the action had merit, the dismissal is a termination on the merits in favor of the defendant and may give rise to an action for malicious prosecution.CitationFUENTES v BERRY (Dismissed Cops) 38 CA4 1800 [See: Sheldon Appel v Albert 47 C3 863; Pender v Radin 23 CA4 1807, T/AT 5/94; Villa v Cole 4 CA4 1327]
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