Kupfer v. Swab Financial
Filed 6/14/06 Kupfer v. Swab Financial CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FIVE
| DAVID M. KUPFER, Plaintiff and Respondent, v. SWAB Financial, LLC, Defendant and Appellant.
| B181781 (Los Angeles County Super. Ct. No. SC083540)
|
APPEAL from a judgment of the Superior Court of Los Angeles County. Gerald Rosenberg, Judge. Affirmed in part, reversed in part and remanded.
Paul N. Taylor & Associates and Paul N. Taylor for Defendant and Appellant.
Procopio, Cory, Hargreaves & Savitch, Anthony J. Dain, Kendra J. Hall, Victor M. Felix and Frederic G. Ludwig for Plaintiff and Respondent.
__________________________________________
Defendant SWAB Financial, LLC (SWAB) appeals from the denial of its special motion under Code of Civil Procedure section 425.16, the anti-SLAPP statute, to strike plaintiff David M. Kupfer's complaint for malicious prosecution and abuse of process.[1] Defendants Michael St. Denis and the Law Offices of Michael St. Denis (collectively, the Attorney Defendants) represented SWAB in two Los Angeles County Superior Court civil actions against Kupfer--SWAB Financial, LLC v. David M. Kupfer, et al., BC 286580 (the SWAB/Kupfer action)[2] and Swab Financial LLC v. Daniel Feldman, et al. (the SWAB/Feldman action), both of which SWAB voluntarily dismissed without prejudice.[3] As to the malicious prosecution claim, SWAB contends Kupfer failed to demonstrate a prima facie case of the â€
