Shivers v. Garber
Defendants and respondents Ronald A. Litz and the Law Offices of Ronald A. Litz, on behalf of defendant and respondent Angela Garber, filed a personal injury action for assault, battery, sexual battery, and intentional infliction of emotional distress against plaintiff and appellant Francis Shivers (Garber v. Shivers). Respondents dismissed Garber v. Shivers without prejudice. Appellant thereafter brought this action for malicious prosecution and intentional infliction of emotional distress against respondents (the underlying action). The trial court granted respondents anti SLAPP motion to strike the complaint in the underlying action. (Code Civ. Proc., 425.16.) Appellant appeals from that order, contending that the trial court erred in finding he was not likely to prevail on the merits of his claims in the underlying action. Court affirm.