Summerfield

An attorney provided an affidavit for his client to submit to a foreign court. The result in the foreign court could have influenced the determination of issues pending in a California court. The foreign court denied the application. Plaintiff amended the complaint to allege a cause of action against the attorney and his law firm for malicious prosecution based on the affidavit. The attorney filed a special motion to strike under the anti-SLAPP statute, 1 Code of Civil Procedure section 425.16. 2 The trial court denied the motion on the ground that filing an affidavit in a foreign court is not an act in furtherance of the right of petition or free speech under the United States or California Constitution. We hold that the attorney’s affidavit, which was filed in a foreign court in order to influence the determination of *130 issues pending in a California court, qualifies for protection under the anti-SLAPP statute as a writing made in connection with an issue under consideration by a judicial body. Plaintiff failed to show a probability of prevailing on her malicious prosecution claim. Therefore, we reverse the order denying the motion to strike with directions.

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