Gonzalez v. Bailey
Linda K. Gonzalez and her attorney, John J. Machado (respondents) sued Hector D. Hernandez (Hernandez) and his attorney, Judy R. Bailey (Bailey), for malicious prosecution. Bailey appeals from an order denying her special motions to strike brought under Code of Civil Procedure section 425.16, the "anti-SLAPP" statute. Bailey contends: (1) she did not maliciously prosecute the posttrial actions, which were not independent actions but rather subsidiary to the wrongful death action; and (2) respondents failed to show she lacked probable cause to prosecute an action pursuant to Ruttenberg v. Ruttenberg (1997) 53 Cal.App.4th 801 (Ruttenberg). Court affirm.
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