Drummond
Drummond v. Desmarais
Opinion
Opinion
Rushing, J.
Plaintiffs George R. Drummond, Rebecca Drummond, and Jesse Marion brought this action against their former attorney, Michael G. Desmarais, and others, alleging that Desmarais maliciously prosecuted two previous suits against plaintiffs, one seeking to recover fees claimed under a contract to provide legal services to plaintiffs in connection with the estate of their deceased father, and the other alleging that plaintiffs had maliciously sued Desmarais when they objected to a petition seeking to pay his fees out of their father’s estate. Defendants moved to strike the complaint under the anti-SLAPP (strategic lawsuit against public participation) statute, Code of Civil Procedure section 425.16 (section 425.16), arguing that plaintiffs would be unable to show that either of the predicate lawsuits was filed without probable cause or was terminated favorably on the merits. The trial court granted the motion and entered a judgment of dismissal. Plaintiffs appeal, charging the trial court with innumerable errors. We conclude that since Desmarais’s suit for fees has been finally resolved in his favor, plaintiffs’ claims predicated on that action must fail. We also conclude that…