Mendoza v. Wichmann

Opinion

NICHOLSON, J.

The trial court denied defendants’ motion to strike plaintiff’s malicious prosecution complaint as a SLAPP, ruling plaintiff had introduced sufficient evidence of her likelihood of succeeding on the merits.1

We reverse. We find on the undisputed facts that defendants had probable cause to bring the underlying action, and thus plaintiff cannot establish an element of her malicious prosecution claim. We direct the trial court to enter a new order granting defendants’ motion and dismissing the malicious prosecution complaint.

INTRODUCTION2

Defendant Jeffrey Wichmann was a…