California Court of Appeal

In a suit for malicious prosecution and defamation against attorneys of record in a prior case, trail court's rulings are reversed where: 1) the attorneys' anti-SLAPP special motions to strike, Code Civ. Proc. section 425.16, were improperly granted; and 2) attorneys who appear on all of the pleadings and papers filed for the plaintiffs in the underlying case cannot avoid liability for malicious prosecution merely by showing that they took a passive role in that case as standby counsel who would try the case in the event it went to trial.

Appellate Information

• Decided 06/08/2012
• Published 06/08/2012

Judges

• EPSTEIN

Court

• California Court of Appeal

Counsel