Gerber v. Colegrove
Appellant David A. Gerber and respondent Gary C. Colegrove are attorneys. Gerber filed a breach of contract action on behalf of his client. Colegrove, representing the opposing party, filed a cross-complaint and named Gerber as a co-defendant. Colegrove subsequently dismissed the cross-complaint against Gerber, and Gerber filed an action against Colegrove for malicious prosecution. Colegrove responded by filing a special motion to strike the complaint under Code of Civil Procedure section 425.16, the anti-SLAPP (strategic lawsuit against public participation) statute. Colegrove argued that the malicious prosecution action was an attempt to abridge his right of free speech. Court reverse Colegrove's award of attorneys fees, but otherwise affirm.
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