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Shaver, Korff v. Ghola
In 2001, Benjamin Medina was driving his vehicle when he collided with a bicyclist, who was severely injured. A lawsuit followed and Medinas automobile insurer retained a law firm to represent him. The firm assigned the case to Attorney Tod Castronovo. Castronovo was unable to make contact with Medina because Medina had fled to Mexico shortly after being involved in a homicide. Medina did not tell the insurer or Castronovo of his situation or whereabouts. Despite a diligent effort, Medina could not be found. He remained incommunicado throughout the litigation, making it impossible to respond to discovery. A default judgment was entered against him as a terminating sanction. No appeal was filed.
In 2005, Castronovos firm filed this action against Medina and Bhola for malicious prosecution. Bhola responded with a special motion to strike, contending the action was a strategic lawsuit against public participation, or SLAPP. (See Code Civ. Proc., 425.16 (section 425.16).) The trial court denied the motion, concluding that Castronovos firm had made a sufficient showing that the action had merit. Bhola appealed. Court agree with the trial court and therefore affirm.


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