Carrasco v. Tseheridis
Plaintiffs Gloria Carrasco and Jesus Carrasco (plaintiffs) appeal from a judgment of dismissal of their malicious prosecution complaint. The complaint was filed against defendants Steve Tseheridis (Tseheridis), and his attorney, Kirt Hopson (Hopson), who unsuccessfully prosecuted an unlawful detainer action against plaintiffs. Plaintiffs then brought a malicious prosecution action against Tseheridis and Hopson (defendants). The trial court dismissed plaintiffs' complaint after granting defendants' motions to strike the complaint under Code of Civil Procedure[1] section 425.16, commonly known as the anti-SLAPP (strategic lawsuits against public participation) law.
Plaintiffs contend the trial court erred in granting defendants' anti-SLAPP motions since there was a high probability of plaintiffs prevailing on their malicious prosecution complaint. We disagree. Defendants established there was probable cause to prosecute Tseheridis's unlawful detainer action and therefore it was not reasonably probable plaintiffs would prevail on their malicious prosecution complaint. We affirm the trial court's ruling granting defendants' anti-SLAPP motions and dismissing plaintiffs' complaint.
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