Vergara v. Loeb CA2/5
Plaintiff Sofia Vergara sued her former fiancé, defendant Nicholas Loeb, for breach of contract and malicious prosecution based on his failed attempts to gain custody and control of two cryopreserved pre-embryos the parties created while they were engaged. In response, Loeb filed a special motion to strike under Code of Civil Procedure section 425.16 (section 425.16), the so-called anti-SLAPP statute. The trial court found that Vergara’s claims were based on Loeb’s protected activity, but denied the motion because it concluded she had shown a probability of success on the merits of her claims.
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