Cox

BACKGROUND AND PROCEDURAL HISTORY

Cox’s Civil Complaint On August 22, 2018, Cox filed his complaint for damages against Harris in the Mariposa County Superior Court. Cox was not represented by an attorney at that time. In the complaint, Cox alleged that in 2015, Harris made “false statements” to “the Sheriff” and others that she was raped by Cox.5 Allegedly, “[a]s a result of the false accusation,” criminal charges were brought against Cox in Mariposa County. As further alleged in the complaint, “[t]he charges were dismissed several years later and the District Attorney admitted … that [Harris] had lied.” As a result of the alleged false accusation, Cox claimed to have suffered general, economic, reputational and emotional damage. Based on the above allegations, Cox’s complaint sought to state the following causes of action: (1) defamation; (2) libel; (3) malicious prosecution; and (4) abuse of process.

Although Cox’s notice of appeal refers to both the order granting the special motion to strike and the subsequent attorney fee order, Cox’s brief on appeal only addresses the order granting the special motion to strike and makes no further argument with respect to the…