KREEGER v. WANLAND
Where defendant who prevailed in a car accident--related negligence suit failed in subsequent malicious prosecution action alleging plaintiff lacked probable cause to claim defendant negligently caused the accident. The plaintiff later brought a malicious prosecution action against defendant alleging her malicious prosecution claim had lacked basis. The court properly denied defendant's anti-SLAPP motion as to plaintiff's malicious prosecution claim where--even though defendant had clearly engaged in protected activity when pursuing her malicious prosecution claim--plaintiff demonstrated probability of being able to establish that defendant at time of filing malicious prosecution suit did not have probable cause to believe that plaintiff had lacked probable cause for believing defendant was liable. Plaintiff is not entitled to sanctions for frivolous appeal unless all reasonable attorneys would agree appeal was totally without merit.
Comments on KREEGER v. WANLAND