Litinsky v. Kaplan
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Plaintiff appealed from an order striking her claims against defendant under the anti-SLAPP statute. Plaintiff was the defendant in a prior lawsuit where defendant was the legal representative for the plaintiff in that action. After the prior lawsuit was dismissed, plaintiff filed suit against defendant for malicious prosecution and intentional infliction of emotional distress.
The Court of Appeal affirmed and held that plaintiff failed to show that defendant lacked probable cause to prosecute her client's claim where the trial court correctly analyzed the evidence of probable cause under the rules governing the second step of the anti-SLAPP procedure, the evidence available to defendant showed that her client's claim was arguably meritorious; and the trial court's evidentiary rulings did not provide a ground for reversal.
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