McClain v. Persolve LLC CA2/8
Plaintiff Lorenzo McClain asserted claims for malicious prosecution and defamation of credit against Persolve, LLC arising from a lawsuit filed by Persolve to collect an outstanding debt allegedly owed by McClain for dental work. Following the presentation of evidence at trial, the trial court granted Persolve’s motion for directed verdict and entered judgment in Persolve’s favor. McClain appeals, claiming the evidence was sufficient to support a verdict in his favor.
We disagree. Probable cause supported Persolve’s underlying lawsuit against McClain as a matter of law, which defeats his malicious prosecution claim. McClain concedes his common law defamation of credit claim is preempted by federal law, and we find he forfeited his argument that this claim was actually based on a violation of Civil Code section 1785.25, given that he failed to argue that in the trial court. We therefore affirm.
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