Goldstein
Swat-Fame, Inc. v. Goldstein
Opinion
Opinion
Perluss, J.
Leslie J. Goldstein, represented by the law firm of Posner & Rosen LLP and lawyers Howard Rosen and Lawrence Posner, sued Swat-Fame, Inc., for fraudulent inducement to enter into an employment contract and other claims arising out of her employment as a Swat-Fame sales representative. At her deposition, Goldstein admitted certain representations by Swat-Fame, although alleged in her complaint to be false, were in fact true at the time they were made. Swat-Fame thereafter obtained summary adjudication on the fraud claim, and Goldstein unilaterally dismissed the rest of her complaint with prejudice.
Swat-Fame then filed a malicious prosecution against Goldstein and the lawyers, alleging they brought the fraud claim without probable cause and with malice. The trial court granted summary judgment in favor of the defendants, finding that no triable issues of fact existed and the defendants had established probable cause for filing the fraud claim as a matter of law.
We affirm the judgment in favor of the lawyers because the undisputed facts establish they based the fraud claim on information provided by Goldstein, they were entitled to rely on the information provided, and…