Greene

Greene v. Bank of America

Good Law
156 Cal. Rptr. 3d 901·2013 Cal. App. LEXIS 393·216 Cal. App. 4th 454·2013 WL 2130402·13 Cal. Daily Op. Serv. 4875
Court of Appeal of CaliforniaMay 16, 2013B243638California4,490 words

Opinion

Opinion

Armstrong, J.

Plaintiff and appellant Gary Greene received two checks from State Farm, in settlement of a claim. He went to a Bank of America branch (the Bank) and attempted to cash the checks, which were made out to him and drawn on State Farm’s Bank of America account. The Bank refused to cash the larger of the two checks and, after a time, the branch manager called police and said that plaintiff had threatened to blow up the Bank. Police responded and arrested plaintiff. He was charged with a violation of Penal Code section 422 and was acquitted after jury trial.

Plaintiff sued the Bank and the branch manager, Jenny Casasola, for malicious prosecution. Judgment was entered in respondents’ favor after their special motion to strike (Code Civ. Proc., § 425.16) was granted. We reverse.

Special Motions to Strike

“When a special motion to strike is filed, the initial burden rests with the defendant to demonstrate that the challenged cause of action arises from protected activity.” (Brill Media Co., LLC v. TCW Group, Inc. (2005) 132 Cal.App.4th 324, 329 [ 33 Cal.Rptr.3d 371 ].)

The parties agree that defendants met their initial burden. We thus focus on the next step. Once the…

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