Minidis v. Marsh CA2/1
Plaintiffs James D. Minidis (James Minidis) and Lynn M. Minidis (collectively, the Minidises ) sued defendants Michael Marsh (Marsh) and Mary Dousette (Dousette) (collectively, Defendants) for malicious prosecution. In response, Defendants, pursuant to section 425.16 of the Code of Civil Procedure, filed a special motion to strike the Minidises’ lawsuit—a so-called anti-SLAPP motion. The trial court granted Defendants’ motion, ruling that the Minidises failed to demonstrate a probability of success on their claim and awarded them attorney fees.
On appeal from the trial court’s order granting Defendants’ anti-SLAPP motion, the Minidises argue that the trial court was wrong to conclude that they failed to show that Defendants lacked probable cause when they initiated the underlying litigation. We disagree and, accordingly, affirm the orders.
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