Demin

BACKGROUND

In 2006, plaintiffs and appellants James and Heidi deMin contracted with GTB Construction, Inc. (GTBI) for home improvement services. After a dispute arose concerning the quality of the materials and workmanship provided by GTBI, the deMins filed the prior action for breach of contract and other claims against GTBI, Glen T. Brown, Sr. (Brown Sr.), and Glen T. Brown, Jr. (Brown Jr.).2 In 2010, the deMins prevailed on their complaint against GTBI and Brown Sr., as well as on the cross- complaint filed in the prior action by GTBI and Brown Sr. In 2012, the deMins filed the present action against GTBI, Brown Sr., and their attorneys for malicious prosecution of the cross-complaint in the prior action. Following the dismissals of defendants GTBI, Brown Sr., and Brooke Jimenez, the remaining

1 All subsequent undesignated statutory references are to the Code of Civil Procedure.

2 In the prior action, the deMins did not prevail against Brown Jr., who is not a party to the present action.

2 defendants are Vanderford & Ruiz LLP and Mario M. Menanno (respondents), who represented GTBI and Brown Sr. in the prior action.

I. The Prior Action

In 2007, the deMins…