Drum

Plaintiff and appellant Joel Drum appeals from the judgment entered against him and in favor of defendants and respondents Bleau, Fox & Associates, Thomas P. Bleau, Nikki Fong and Martin R. Fox (collectively referred to as Bleau Fox) on Drum’s complaint for abuse of process. Drum contends the trial court erred in granting Bleau Fox’s special motion to strike the complaint pursuant to Code of Civil Procedure section 425.16 (hereafter section 425.16 or the anti-SLAPP statute). For the first time on appeal, Bleau Fox contends the action is barred by the litigation privilege of Civil Code section 47, subdivision (b) (hereafter section 47(b)). After review, we conclude Drum established a prima facie case for abuse of process, and that the action is not barred by the litigation privilege. Accordingly, we reverse.

Factual and Procedural Background

Bleau Fox represented a plaintiff in a legal malpractice action against Drum and his law firm (the underlying action). On October 26 and 27, 2000, a jury trial in the underlying action resulted in a judgment in favor of Bleau Fox’s client in the amount of $226,000. After the jury was excused, the following colloquy occurred:…