Mendoza

The trial court denied defendants’ motion to strike plaintiff’s malicious prosecution complaint as a SLAPP, ruling plaintiff had introduced sufficient evidence of her likelihood of succeeding on the merits.

We reverse. We find on the undisputed facts that defendants had probable cause to bring the underlying action, and thus plaintiff cannot establish an element of her malicious prosecution claim. We direct the trial court to enter a new order granting defendants’ motion and dismissing the malicious prosecution complaint.

INTRODUCTION

Defendant Jeffrey Wichmann was a defendant in a civil action in Yolo County captioned “Dale M. Wallis v. PEL Associates, Inc., et al.” (the Wallis *1434 action). Plaintiff Joanna R. Mendoza was the attorney for Dale Wallis in the Wallis action. In that action, Wallis claimed her former employer, PHL Associates, Inc. (PHL), which Wichmann partially owned, had wrongfully terminated her. The lawsuit involved ownership rights to a vaccine that Wallis claimed she developed while employed at PHL. A mistrial was declared on the first trial, but at the second trial, a jury found Wichmann liable. However, no judgment has been entered pending…