Stiebinger v. Allen
The trial court granted a special motion to strike the complaint in a malicious prosecution action because the plaintiff had not shown that the underlying lawsuit lacked probable cause. The trial court erred. A person who sues on allegations he knows are false lacks probable cause for that suit. In this case, the plaintiff presented evidence that the factual allegations underpinning the defendants lawsuit were false. This evidence, if believed by the trier of fact, constituted a prima facie showing of no probable cause. Accordingly, the plaintiffs malicious prosecution complaint appeared to have merit, and the trial court should have denied the defendants special motion to strike it. The order granting the special motion to strike the complaint is reversed and the cause is remanded to the trial court with instructions to vacate the order and subsequent judgment of dismissal and to enter a new order denying the motion. James Stiebinger is to recover his costs on appeal.
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