Schaefer v. Block CA2/4
Plaintiff Claudia Schaefer, in propria persona, appeals from the trial court’s order granting defendant Dennis Block’s special motion to strike her complaint under Code of Civil Procedure section 425.16, the anti-SLAPP statute. Schaefer was the defendant in a prior unlawful detainer (UD) action filed by Block as the attorney for her landlord, James Clements. (Clements voluntarily dismissed that action.) Schaefer filed the instant action, including a claim for malicious prosecution against Clements and Block, alleging that Block filed the UD action despite knowing it lacked probable cause, and maliciously refused to dismiss it for several months. The trial court granted Block’s motion to strike, finding that Schaefer’s malicious prosecution claim arose out of protected activity and Schaefer failed to demonstrate a probability of prevailing on that claim against Block.
Schaefer does not dispute that her malicious prosecution claim arose out of protected activity under
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