Vanzant

Ted L. Vanzant asserts the trial court erred in sustaining respondents’ demurrer on Vanzant’s complaint for malicious prosecution. The trial court concluded the complaint was barred because as a matter of law Vanzant could not demonstrate respondents lacked “probable cause" to prosecute the underlying action. As explained, we concur with the trial court’s conclusion, and therefore affirm.

Factual and Procedural History

The Underlying Action.

In 1993, Respondent DaimlerChrysler Corporation filed an action against Vanzant in the federal court alleging causes of action under federal law for trademark infringement and unfair competition and California law for unfair competition and dilution of trademark. DaimlerChrysler sought damages and a permanent injunction based on Vanzant’s producing and selling radiator grille overlays for DaimlerChrysler Jeep vehicles. DaimlerChrysler claimed Vanzant’s radiator grille overlays violated DaimlerChrysler’s registered trademarks for radiator grille designs. Vanzant filed a counterclaim seeking the cancellation of DaimlerChrysler’s trademarks for the radiator grille design.

Vanzant filed a motion for summary judgment and…