Walsh v. Anesta CA2/3
Plaintiff and appellant Robert Walsh (Walsh) appeals an order granting a special motion to strike (Code Civ. Proc., § 425.16) brought by defendants and respondents Leah Anesta (individually and as trustee for the Allen Trust Dated June 20, 1991, and the Lifetime Benefit Trust for Leah Anesta) and Thomas Anesta (sometimes collectively referred to as the Trust or Anesta). The trial court’s ruling eliminated Walsh’s eighth and ninth causes of action, for malicious prosecution and abuse of process, respectively.
We reverse in part, concluding that Walsh’s malicious prosecution claim arising out of the Trust’s bringing an unlawful detainer (UD) action against him has the requisite minimal merit to withstand anti-SLAPP scrutiny, and otherwise affirm.
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