Gunther v. Gunther
A wife reported an assault by her husband to the police, and the husband was charged with, tried for and ultimately acquitted of the crime of spousal battery. The husband later brought a civil action against the wife, alleging, among other things, a claim for malicious prosecution. He alleged his wife made false accusations that led to his arrest and prosecution. The wife filed a special motion to strike the complaint, which the trial court granted. (Code Civ. Proc., 425.16.) The husband contends the motion should have been denied. Court concur.
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