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. ---

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