Sundaram

MEMORANDUM *

Plaintiffs Thambiah (“Dr.”) and Nalini Sundaram appeal the summary adjudication of their action against defendants Dennis Balsamo and Chuck Villanti. We affirm in part, reverse in part and remand for further proceedings.

Plaintiffs argued in their opening brief, and in objections to the report and recommendations of the magistrate judge, *535 that they pled a claim for illegal search of their clinic that was never addressed by the court in the summary adjudication of their action. We agree with the district court that plaintiffs did not properly raise an allegation of illegal search of the clinic as a separate claim. They may not do so now.

Plaintiffs argue that the district court improperly adjudicated their malicious prosecution claim as a matter of law. We disagree. In order to succeed on a malicious prosecution claim under 42 U.S.C. § 1988 , the plaintiff must show (i) tortious conduct under the elements of state law, and (ii) intent to deprive the individual of a constitutional right. Poppell v. City of San Diego, 149 F.3d 951, 961 (9th Cir.1998). “In California, the elements of malicious prosecution are (1) the initiation of criminal prosecution, (2)…