Gao v. Lu
This appeal arises from an action for malicious prosecution by Appellant Xin Gao against Respondent Tony Lu. Lu, an attorney, represented Town House Land (Miami) Corporation (Town House) in an action for fraud that it filed against Gao. After Gao obtained a judgment of dismissal in the underlying action, he sued Lu and Town House for malicious prosecution, conspiracy, and abuse of process. In response, Lu filed a special motion to strike under California Code of Civil Procedure section 425.16, the anti-SLAPP statute.[1] The trial court granted the motion to strike. Because Gao did not make a prima facie showing that Lu filed the fraud action against him without probable cause, the trial court properly granted the special motion to strike. Accordingly, we affirm.
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