California Court of Appeal

In a wrongful termination action, the trial court's order denying plaintiff's special motion to strike defendant-employer's cross complaint for malicious prosecution is reversed and remanded, where: 1) the malicious prosecution claim arose from petitioning activity protected under California Code of Civil Procedure section 425.16; and 2) defendant-employer does not have a probability of prevailing on the claim because Unemployment Insurance Code section 1960 prohibits an employer from using a decision of the Unemployment Insurance Appeals Board as evidence in the employer's malicious prosecution action arising from a former employee’s unsuccessful claim for unemployment insurance benefits.

Appellate Information

• Decided 11/25/2013
• Published 11/25/2013

Judges

• BAMATTRE-MANOUKIAN

Court

• California Court of Appeal

Counsel