California Court of Appeal

In a suit against a supermarket, its independent contractor security company, and employees of the security company for intentional infliction of emotional distress, negligence, and malicious prosecution stemming from an unsuccessful shoplifting prosecution instigated by the defendants: 1) the district court's grant of anti-SLAPP motions on the malicious prosecution cause of action is affirmed, where the anti-SLAPP statute applies to malicious prosecution actions, and the plaintiff did not meet her burden of showing a probability of prevailing on the merits; and 2) the trial court did not in sustaining the supermarket's demurrer to the causes of action for negligence and intentional infliction of emotional distress.

Appellate Information

• Decided 04/05/2012
• Published 04/05/2012

Judges

• McConnell

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Frederick C. Phillips, Joseph R. Zamora