LaMarche

Certified for Partial Publication. [*]

This is an appeal and a cross-appeal from an order denying a special motion to strike under Code of Civil Procedure section 425.16. [1] In their appeal defendants, Mark Brutzkus, an attorney, and his client, Sandra Hogan LaMarche individually and doing business as The Network, contend the trial court erred in finding a malicious prosecution complaint could not be subject to a special motion to strike. Representing Ms. LaMarche, Mr. Brutzkus filed a cross-complaint on her behalf in a municipal court action in 1997. The cross-complaint named the plaintiff in the municipal court lawsuit, Jarrow Formulas, Inc. (Jarrow) as the cross-defendant. Jarrow secured a summary adjudication order dismissing the cross-complaint. Jarrow's complaint proceeded to a bench trial in the former municipal court and judgment was entered in favor of Ms. LaMarche. Thereupon, Jarrow filed the present malicious action claim based on the filing of the municipal court cross-complaint against both Ms. LaMarche and her attorney Mr. Brutzkus. Ms. LaMarche and her counsel who filed the municipal court cross-complaint, Mr. Brutzkus, moved to strike Jarrow's…