Soukup

In this case, we determine whether a litigant whose action was dismissed under the anti-SLAPP statute (Code Civ. Proc., § 425.16) may, in turn, invoke that statute as a defense to a subsequent action for malicious prosecution and abuse of process. Peggy J. Soukup was sued by her former employers. She obtained dismissal of their action under the anti-SLAPP statute and then sued them for malicious prosecution and abuse of process. Her former employers moved to strike Soukup’s action as a SLAPP. The superior court denied the motion on the ground that the anti-SLAPP statute did not apply under these circumstances. The Court of Appeal reversed and we granted review.

While this case was pending, the Legislature amended the anti-SLAPP statute to add section 425.18, which defines “any cause of action for malicious prosecution or abuse of process arising from the filing or maintenance of a prior cause of action that has been dismissed pursuant to a special motion to strike under Section 425.16” as a “SLAPPback.” (§ 425.18, subd. (b)(1).) The Legislature declared that SLAPPbacks “should be treated differently . . . from an ordinary malicious prosecution action because a SLAPPback…