McCutcheon v. Coury CA2/4
David Coury appeals from the order denying his motion to strike respondent Robert McCutcheon’s malicious prosecution cause of action under the anti-SLAPP statute. (Code Civ. Proc., § 425.16.) The cause of action is based on Coury’s earlier unsuccessful petition to probate what was found to be a forged will. Coury argues that McCutcheon failed to make the requisite showing of probability of prevailing on the merits because he improperly relied on speculation, hearsay, and a request for judicial notice of the contents of court records from the earlier probate case. We agree and reverse.
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