Albrecht v. Ostler
Defendants and appellants, Brian Charles Ostler, Sr. (Ostler) and Law Offices of Brian C. Ostler, Sr. (the law offices), appeal from the trial court’s denial of their special motion to strike (anti-SLAPP[2] motion). (Code Civ. Proc., § 425.16.)[3] Defendants contend (1) the complaint of plaintiff and respondent, W.E. Jon Albrecht, for malicious prosecution arose from defendants’ protected petitioning activity; (2) plaintiff’s complaint failed to state a cause of action for malicious prosecution against defendants; and (3) plaintiff failed to substantiate his cause of action with sufficient admissible evidence. We conclude the trial court erred in denying the motion because plaintiff has failed to show a probability of success on the merits as to the element of malice. Plaintiff contends, however, the trial court properly denied the anti-SLAPP motion and further contends the trial court abused its discretion in permitting the motion to be filed late and conducting the hearing on the motion more than 30 days after it was filed. We disagree, and we reverse the trial court’s order denying the motion.
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