Golden State Seafood, Inc. v. Schloss
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GSS filed suit for malicious prosecution and unfair business competition against defendant and his attorney, alleging that the attorney filed a prior lawsuit against GSS on behalf of his client, knowing that he lacked probable cause to bring the action. GSS also alleged that the attorney maliciously refused to dismiss the prior action and engaged in unfair business practices. The attorney filed an anti-SLAPP motion, which the trial court denied.
The Court of Appeal affirmed the trial court's denial of the anti-SLAPP motion and the attorney's motion for reconsideration. The court held that, although the malicious prosecution and unfair business competition causes of action are based on conduct that is protected activity, GSS has met its burden of showing a probability of prevailing on the merits of these causes of action. Finally, the court held that the attorney's arguments regarding the motion for reconsideration are waived.
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