Bergman v. Drum

Opinion

CROSKEY, Acting P. J.

In this suit for malicious prosecution, plaintiff Rochelle Bergman appeals from a summary judgment granted to defendant Joel Drum (Drum). Plaintiff contends that the trial court’s granting of Drum’s motion for summary judgment is inconsistent with our ruling in a previous appeal in this case and thus violates the doctrine of law of the case.

In our previous opinion 1 , we ruled that the trial court had properly denied Drum’s Code of Civil Procedure section 425.16 “anti-SLAPP” motion to strike plaintiff’s complaint. We ruled that, as a matter of law, the evidence…