Eagle Temecula v. Greenberg Glusker etc.
Defendants Greenberg Glusker Fields Claman & Machtinger LLP and Garrett L. Hanken (collectively, defendants) appeal from an order denying their anti‑SLAPP[1] motion pursuant to Code of Civil Procedure section 425.16. (All further statutory references are to the Code of Civil Procedure.). Defendants moved to strike plaintiffs Eagle Temecula 318, LLC, Eagle Real Estate Group, LLC, Eagle Real Estate Management Group, LLC, Randall J. Friend, and Kyle C. Martin's (plaintiffs) malicious prosecution claim against them. Defendants contend the trial court erroneously concluded plaintiffs demonstrated a probability of prevailing on their claim.
We reverse. Plaintiffs failed to carry their burden of showing a probability of prevailing on the merits of their malicious prosecution claim, as plaintiffs did not make a prima facie showing of malice. The trial court therefore erred by denying the anti‑SLAPP motion and we remand the matter with directions that the trial court grant the motion.
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