Somerstein v. Gutierrez

OPINION

WOOD, Chief Judge.

This is a malicious prosecution case. One of the elements to be proved, by a preponderance of the evidence, is that no probable cause existed for the prosecution. Meraz v. Valencia et al., 28 N.M. 174, 210 P. 225 (1922). The trial court dismissed plaintiff’s complaint, with prejudice, at the close of all the evidence. It did so on the basis that "... Plaintiff did not prove that the Defendants [Preston and Rhodes Department Store] acted without probable cause in initiating or procuring the arrest of the Plaintiff. ...” Defendant Gutierrez had been dismissed previously…