Claude Atkins Enterprises v. Cal-State Devel. & Elec. Construction
Defendants and appellants Cal-State Development & Electrical Construction Corp. (Cal-State Development) and its president, Isaac Brook (Brook), appeal an order denying their special motion to strike a complaint for malicious prosecution filed by plaintiffs and respondents Claude E. Atkins Enterprises, Inc., a California corporation (Atkins), and its attorneys, Braun & Melucci LLP, a California limited liability partnership (B&M). (Code Civ. Proc., 425.16.)
The essential issue presented is whether Cal-State Development and Brook lacked probable cause to bring the underlying action against Atkins and B&M. Court conclude the underlying action by Cal-State Development and Brook was not supported by probable cause. Therefore, the trial court properly denied Cal-State Development and Brooks special motion to strike the malicious prosecution complaint. The order is affirmed.
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