With no explanation, chose the best option from "A", "B", "C" or "D". noted that settlements would actually be discouraged by a rule stating that a dismissal with prejudice of a nonconsent-ing defendant was a favorable termination even if the dismissal was a condition of settlement with the other defendants. Id. The California courts have recognized that the public policy favoring settlements “would be ill-served by a rule which would virtually compel the plaintiff to continue his litigation in order to place himself in the best posture for defense of a malicious prosecution action.” Id. (citing Oprian v. Goldrich, Kest & Assoc., 220 Cal.App.3d 337, 269 Cal.Rptr. 429, 433 (1990)). This court concludes that the Hawaii Supreme Court would likely follow the California reasoning. See Wailua Assoc. v. Aetna Cas. & Sur. Co., 183 F.R.D. 550, 563-64 (D.Haw.1998) (<HOLDING>); see also Allstate Ins. Co. v. Kim, 121

A: holding that the ninth circuit is bound by the california supreme courts interpretation of california law
B: recognizing that california has a valid interest in protecting a california company from copyright infringement
C: recognizing that the hawaii supreme court has in the past looked to california for guidance on tort law
D: recognizing that federal courts are bound by pronouncements of the california supreme court on applicable state law
C.