Medley Capital Corp. v. Sec. Nat'l Guaranty, Inc.

*36 Respondent Medley Capital Corporation (MCC) was sued for fraud in a cross-complaint filed by appellants Security National Guaranty, Inc. and Edmond Ghandour (when referred to collectively, appellants). The cross-complaint was filed against the background that appellants were advised MCC had no involvement in the transaction involved in the lawsuit, which lawsuit was thereafter maintained despite that appellants were warned that it should be dismissed. Appellants refused, and the cross-complaint remained *37 pending. Then, after appellants settled the main lawsuit against them, they filed a voluntary dismissal in favor of MCC.

Respondent then sued appellants for malicious prosecution. Appellants filed an anti-SLAPP motion to dismiss, which the trial court denied, concluding that MCC met its burden under step two of the anti-SLAPP analysis, demonstrating a probability of success on its claim for malicious prosecution. We reach the same conclusion, and we affirm.

BACKGROUND

The Parties and Related Entities

Appellants are Security National Guaranty, Inc. (for consistency with the briefs, SNG) and Edmond Ghandour, SNG's president and chief executive officer.

In addition to…