Esquivel v. Watson

This case presents the issue of whether a person’s admission that there were insufficient funds to cover a check when written defeats the “without probable cause” element of a malicious prosecution action in the absence of proof of delivery of the check with intent to defraud. Cynthia Es-quivel (Esquivel) and her two daughters rented a house managed by the Watson Management Company (WMC). After having fallen behind in her rent Esquivel wrote WMC a check for past due rent. At the time Esquivel wrote the check she knew that her account did not have sufficient funds to allow the check to clear.…