Yee

I.

INTRODUCTION

This appeal arises out of a malicious prosecution action filed by plaintiff Cheong Yu Yee against defendants J. Kenneth Jensen, Esq.; Sally Tsui Wong-Avery, Esq.; Don Cheung; Lin Wah Music Center of San Diego (Lin Wah); Zhao Hong Hang; Wai Mui Lee; Kai Ai Ng; Tong Yum; Ng Man Kiong; Lan H. Horn; Fung Yuet Xiong; Run You Chen; Kuen Wan Ghu; Xiao Xiong Pan; Pun Wa; Veronica Kwok; and Yuk Wai Ho.

The malicious prosecution action arises from defendants’ participation in an underlying action against Yee for claims of fraud and conversion in the matter of Lin Wah Music Center v. Yee (Super. Ct. San Diego County, 2009, No. 37-2008-00080938-CU-FR-CTL) (the Lin Wah action). After a trial in the Lin Wah action, a jury found in favor of Yee on both of plaintiffs’ claims.

Almost two years after Yee prevailed in the Lin Wah action, he filed a malicious prosecution action against Lin Wah, multiple individual members of Lin Wah, and two attorneys who Yee alleged had represented the plaintiffs in the Lin Wah action—Jensen and Wong-Avery. In response to the malicious prosecution action, Lin Wah, the individual defendants, and attorney defendant Wong-Avery filed motions…