California Court of Appeal

The trial court's order denying defense motions pursuant to Code of Civil Procedure section 425.16, the anti-SLAPP statute, in a malicious prosecution action is affirmed, where: 1) plaintiffs were limited partners that were brought into the underlying dispute that defendants had with the limited partnership regarding the partnership's long-term ground lease of defendants' property; 2) plaintiffs were dismissed from the underlying dispute; and 3) plaintiffs satisfied all three elements of a malicious prosecution case, a) favorable termination, b) lack of probable cause, and c) malice, as to each of the defendants.

Appellate Information

• Decided 08/23/2013
• Published 08/23/2013

Judges

• MOORE,

Court

• California Court of Appeal

Counsel