Chavez

Certified for Partial Publication. [1]

In the published portion of this opinion, we hold plaintiffs' malicious prosecution cause of action was subject to a special motion to strike under California's anti-SLAPP (strategic lawsuit against public participation) statute. (Code Civ. Proc., § 425.16.) In the unpublished portion of the opinion, we conclude plaintiffs met their burden to establish a probability they would prevail on their malicious prosecution claim. Accordingly, we affirm the order denying defendants' anti-SLAPP motion.

In February 1999, Enriqueta Mendoza filed suit against Farmers Insurance Group of Companies (Farmers) and Farmers agents, Richard A. and Ina Chavez, asserting numerous contract and tort claims. In their answer, the Chavezes admitted they owed Mendoza $130,000 on a promissory note, but denied liability on the remaining claims. After Mendoza presented her case at trial on these remaining claims, the court granted the Chavezes' motion for nonsuit and granted judgment in the Chavezes' favor on all claims except the $130,000 admitted liability and interest on that liability.

The Chavezes then filed a malicious prosecution complaint against…