Maleti v. Wickers
H048393
California Court of Appeal, Sixth Appellate District · Filed
Published · citable
Modified opinion
Holding
The court held that a plaintiff satisfies the “favorable termination” element of a malicious‑prosecution claim when, in a prior multi‑claim action, the defendant prevails on **all** claims and at least one claim is terminated on the merits in the defendant’s favor, even though other claims may have been dismissed on procedural grounds. Accordingly, the appellate court affirmed the trial court’s denial of the anti‑SLAPP motion as to the malicious‑prosecution claim and reversed the trial court’s refusal to award the prevailing defendants reasonable attorney fees and costs under the anti‑SLAPP statute. ---
Statutes construed
- CCP § 425.16
- CIV § 804
- PROB § 850