Robinzine

This appeal presents an issue that arises from the interplay between the Workplace Violence Safety Act (Code Civ. Proc., § 527.8), a cause of action for malicious prosecution and the statutory motion to strike that may be brought to dismiss a strategic lawsuit against public participation (§ 425.16) (anti-SLAPP motion). We hold as a matter of law that a malicious prosecution cause of action does not arise from an unsuccessful petition filed under section 527.8. For this reason, plaintiffs could not have established a likelihood of prevailing on the merits of a malicious prosecution claim and it should have been stricken. So, we reverse the trial court’s denial of a motion to strike brought under section 425.16.

BACKGROUND

In October 2003, plaintiffs Kimberly and Clifford Robinzine filed employment-related claims under the Fair Employment and Housing Act (Gov. Code, § 12940 et seq.) and related tort claims against Kimberly’s former employer, RPM Company and a number of its agents and employees, including Janet Vicory, Dawn Herrera, Michael Howell and Ricardo Palacio (defendants). Kimberly is half African-American and half Hispanic; Clifford is African-American. The facts…