Kane v. Giannini CA3
Cross-complainant and appellant Eric W. Giannini (the Tenant), acting in propria persona, appeals the trial court’s order granting the SLAPP motion of cross-defendants and respondents John and Rosalie Kane (the Landlords), to strike the Tenant’s malicious prosecution cross-claim brought within the very lawsuit upon which the malicious prosecution claim was premised.
The Tenant argues the trial court abused its discretion in striking his malicious prosecution claim because the Landlords’ act of amending their original unlawful detainer complaint to eliminate the unlawful detainer portion of the action resulted in a “termination” of the unlawful detainer action that was favorable to the Tenant.
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