Soukup v. Law Offices of Herbert Hafif

Opinion

MORENO, J.

In this case, we determine whether a litigant whose action was dismissed under the anti-SLAPP statute (Code Civ. Proc., § 425.16) may, in turn, invoke that statute as a defense to a subsequent action for malicious prosecution and abuse of process. Peggy J. Soukup was sued by her former employers. She obtained dismissal of their action under the anti-SLAPP statute and then sued them for malicious prosecution and abuse of process. Her former employers moved to strike Soukup’s action as a SLAPP. The superior court denied the motion on the ground that the anti-SLAPP statute did…