Praxis Capital v. Kelly CA1/3
Before us is an appeal from the denial of a special motion to strike a complaint as a Strategic Lawsuit Against Public Participation (SLAPP). (Code Civ. Proc., § 425.16.) The purchaser of real property at a foreclosure sale brought this action for malicious prosecution and abuse of process based on allegations that the foreclosed homeowner and his attorney, appellant Thomas P. Kelly III, wrongly prosecuted an action to set aside the sale. The trial court denied Kelly’s anti-SLAPP motion, finding that the purchaser carried its burden of establishing a probability of success on the complaint. We disagree and shall reverse the order and remand with directions to strike the complaint.
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