Fabbrini

ORDER

Defendants move to dismiss Plaintiffs federal malicious prosecution claim under Federal Rule of Civil Procedure 12(b) (6), and to strike Plaintiffs defamation claim under California’s Anti-SLAPP statute. The gravamen of Plaintiffs action is that Defendants caused a meritless lawsuit to be filed against him and defamed him by publishing statements about that lawsuit (“the prior action”). Defendant City of Dunsmuir (“the City”) initiated the prior action following a dispute between the City and Plaintiff over a loan to Plaintiff of City funds and a lease to Plaintiff of City land. The City subsequently voluntarily dismissed the prior action.

DISCUSSION

I. Motion to Dismiss Federal Malicious Prosecution Claim

Defendants argue that Plaintiff fails to state a federal malicious prosecution claim because (a) the prior action that Defendants filed against Plaintiff did not terminate in Plaintiffs favor, (b) Defendants had probable cause to institute the prior action against Plaintiff, (c) Defendants are protected by Noerr-Pennington immunity, and (d) Defendants John Fisher and Bill Sanford are protected by absolute legislative immunity. (Defs.’ Mot. to Dismiss and Mot. to Strike…