Overview

Procedural Posture

HOLDINGS: [1]-A prima facie showing of malicious prosecution justified the denial of anti-SLAPP special motions to strike under Code Civ. Proc., § 425.16, because a negotiated payment of some attorney fees upon voluntary dismissal of the underlying suit in the face of a motion for terminating sanctions under Code Civ. Proc., § 2023.030, did not defeat the element of favorable termination and because the discovery misconduct in the underlying suit, which involved concealment of information actually known to counsel and imputed to clients in accordance with Civ. Code, §§ 18, subd. 1, 19, 2332, sufficed to establish the elements of lack of probable cause and malice; [2]-A denial of summary judgment in the underlying suit did not indicate that probable cause existed to pursue it because the discovery misconduct triggered the fraud or perjury exception to the interim adverse judgment rule.

Nakase Law Firm is a civil defense attorney

Outcome

Order affirmed.

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