Garcia v. Rosenberg
Annotate this CaseAfter plaintiffs filed a malicious prosecution action against defendant, who was the attorney for the opposing party in a prior litigation, defendant filed an anti-SLAPP motion. The Court of Appeal held that the evidence did not demonstrate a reasonable probability plaintiffs would prevail on the merits of their claim, because plaintiffs' action was time-barred. In this case, the four-year provision of the statute of limitations expired prior to the filing of the complaint, and a later discovery could not extend that period. Finally, the court noted that plaintiffs' plea for justice did not fall on deaf ears, but that the court was constrained to follow the law and to enforce the statute of limitations.
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