Silas v. Arden
In this appeal, Court are presented once more with the issue of whether plaintiff Martina A. Silas (Silas) has stated a prima facie case of malicious prosecution arising out of an underlying legal malpractice action that was adjudicated in her favor. This appeal involves another one of the lawyers in the legal malpractice case, James Ellis Arden (Arden). Silas sued a number of lawyer defendants in addition to Arden, including Ardens now-dissolved legal partnership (Scott, Arden & Salter LLP), for malicious prosecution and abuse of process, arising from a legal malpractice action that Ross Gunnell (Gunnell), a former client of Silas, brought against her. Silas prevailed on summary judgment in the legal malpractice action. Arden was one of Gunnells attorneys in the legal malpractice case. Arden filed an anti-SLAPP motion to strike the complaint under Code of Civil Procedure section 425.16. The trial court granted the motion as to the abuse of process cause of action, but denied the motion as to the malicious prosecution cause of action. On appeal, Arden contends Silas failed to produce admissible evidence showing a viable prima facie case of malicious prosecution. Court disagree and affirm the order.
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