Tukes v. Richard
B307242
California Court of Appeal, Second Appellate District · Filed
Published · citable
Holding
The court held that Richard’s malicious‑prosecution suit failed for lack of standing, so the anti‑SLAPP motions and associated fee awards were proper; however, the probate court erred in applying issue preclusion to bar Tukes’s finder‑fee claim because a dismissal with prejudice does not satisfy the “actual litigation” requirement for collateral estoppel, and the Bennett Trustee may be sued independently of the Pitts Trustee. ---
Statutes construed
- CCP § 387
- CCP § 425.16
- CIV § 1624
- CIV § 1659
- PROB § 1300
- PROB § 48