Hutton

I. INTRODUCTION

In this malicious prosecution lawsuit, plaintiff, Tenie Hutton, appeals from two orders. To begin with, Ms. Hutton appeals from a July 13, 2005 judgment entered by Judge Paul Gutman awarding attorney fees pursuant to Code of Civil Procedure section 425.16, subdivision (c) to defendants, the Law Offices of Herbert Hafif and Herbert Hafif. Further, Ms. Hutton appeals from an October 25, 2005 order by Judge Paul Gutman where he ruled he was bound by the law of the case doctrine and our prior unpublished opinion which held the special motion to strike in the present lawsuit must be granted.

This case involves the third lawsuit between the parties arising from representation provided by Mr. Hafif and his firm of Ms. Hutton in a discrimination lawsuit between 1991 and 1993. Dissatisfied with her recovery, Ms. Hutton filed the first action between the parties, a malpractice suit, against Mr. Hafif and his firm which was ultimately dismissed (a dismissal which was set aside on appeal). Mr. Hafif and his firm then sued Ms. Hutton along with others and this second lawsuit between the parties was ultimately dismissed pursuant to section 425.16. Ms. Hutton then…