In Black v. Knight (1919) 44 Cal.App. 756, the court stated with regard to judgment obtained by the plaintiff in the prior action: "This proven fact entitled him upon the trial of the instant case to the full benefit of the presumption of the existence of probable cause for the institution of his said former action; and the fact that a first judgment obtained therein was reversed upon appeal did not suffice to deprive him of the full benefit of that presumption. The cases last above cited not only fully sustain the view that the plaintiff in the action for unlawful detainer was entitled to the presumption of probable cause for its institution by virtue of the judgment in his favor in the trial court therein, but they go further than this and hold that this presumption is, in the absence of proof of fraud in obtaining said judgment, conclusive . . ." The court also stated that although the rule had its inception in criminal prosecutions, it could perceive no reason for a distinction as to civil matters. ( Black v. Knight, supra, 44 Cal.App. at p. 770.)