Greene v. Bank of America
Annotate this CasePlaintiff filed a malicious prosecution action against the Bank after he was acquitted of violating Penal Code section 422, making a criminal threat. In the court's prior opinion, it reversed a judgment in favor of defendants that was entered after their successful anti-SLAPP motion to strike plaintiff's action pursuant to Code of Civil Procedure 426.16. On remand, defendants brought a summary judgment motion on the ground of the collateral estoppel effect of the magistrate’s finding of probable cause based on a credibility determination at plaintiff’s preliminary hearing in his criminal proceeding. The court affirmed the grant of summary judgment to defendants, holding that the doctrine of law of the case does not preclude consideration of the application of the doctrine of collateral estoppel and that under the doctrine of collateral estoppel, the determination of probable cause by the magistrate in plaintiff’s criminal proceeding, when the issue of plaintiff’s credibility had been raised before the magistrate, defeats, as a matter of law, plaintiff’s malicious prosecution claim.
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