Floor Tech v. Milstein Adelman CA2/5
Defendant Milstein Adelman, LLP appeals from a February 10, 2016 order denying its special motion to strike pursuant to Code of Civil Procedure section 425.16. The target of defendant’s motion is a malicious prosecution complaint filed by plaintiff Floor Tech, Inc. Defendant contends plaintiff fails to present evidence showing it acted with malice.
But malice can be inferred based on defendant’s continued prosecution of the underlying construction defect action after being notified plaintiff had no involvement in the construction project. By demonstrating that defendant knew there was no probable cause to maintain the underlying action, plaintiff makes a sufficient showing to defeat defendant’s special motion to strike under section 425.16. Accordingly, we affirm the order denying defendant’s special motion to strike.
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