Plumley

Respondent Roger Plumley (Plumley) sued appellants Douglas Alfred James Mockett (Mockett) and Sanford Astor (Astor) for malicious prosecution. Mockett and Astor (collectively, defendants) brought special motions to strike Plumley’s complaint under Code of Civil Procedure section 425.16, commonly referred to as the “anti-SLAPP statute” (strategic lawsuit against public participation). The trial court denied the motions to strike. Mockett and Astor appeal from the order. They contend (1) Plumley failed to establish that Mockett’s federal patent case, on which the malicious prosecution claim is based, so totally lacked merit that no reasonable attorney would have filed it; and (2) there is insufficient evidence that defendants acted maliciously in bringing and pursuing the patent case. Because we agree that Plumley failed to make a prima facie showing that defendants lacked probable cause to bring the patent action, we reverse.

FACTS AND PROCEDURAL HISTORY

I. Underlying Facts

Mockett is the owner and president of Doug Mockett & Company, Inc. (DMC). Since 1981, DMC has marketed furniture-related products designed and patented by Mockett, including various kinds of…