Jay

Jay v. Mahaffey CA4/3

Good Law
161 Cal. Rptr. 3d 700·2013 Cal. App. LEXIS 676·218 Cal. App. 4th 1522·2013 WL 4508710
Court of Appeal of CaliforniaJuly 31, 2013G047325California9,130 words

Opinion

Opinion

Moore, J.

This is an appeal from an order denying defense motions pursuant to Code of Civil Procedure section 425.16, the anti-SLAPP statute, in a malicious prosecution action. The underlying dispute relates to a long-term ground lease for property used as a mobilehome park in Anaheim. Defendants Michael and Victoria Lawrence (the Lawrences) owned the property. Defendants Douglas Mahaffey and Susan Ghormley (collectively the attorneys) previously represented the Lawrences. JR Enterprises (JR), the property’s lessee under a long-term ground lease, was a limited partnership. In a dispute primarily between the Lawrences and JR, the Lawrences brought a number of JR’s limited partners into the underlying case via Roe amendments to their pleading. The limited partners were dismissed by the Lawrences several months later, and 12 of the limited partners subsequently filed the instant malicious prosecution action. The Lawrences and the attorneys (collectively defendants) filed anti-SLAPP motions, which the trial court denied, concluding the limited partners had set forth a prima facie case sufficient to defeat the motions. We agree with the trial court that the limited partners satisfied…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.