Boladian v. Clough CA2/3
Defendant and appellant Larry H. Clough (Clough) appeals an order denying his special motion to strike (Code Civ. Proc., § 425.16) (anti-SLAPP motion) a malicious prosecution complaint filed by plaintiffs and respondents Armen Boladian (Boladian), Bridgeport Music, Inc. (Bridgeport), and Westbound Records, Inc. (Westbound) (sometimes collectively referred to as Boladian).
We conclude the trial court should have granted Clough’s special motion to strike as to Bridgeport because Bridgeport was not added as a defendant in the underlying action until after Clough substituted out of the case. Therefore, Bridgeport has no cause of action against Clough for malicious prosecution.
We also conclude the trial court should have granted Clough’s special motion to strike as to Boladian and Westbound because those parties failed to make a prima facie showing that Clough lacked probable cause to bring the underlying action against them.
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