Cuevas-Martinez

Cuevas-Martinez v. Sun Salt Sand, Inc.

Good Law
248 Cal. Rptr. 3d 200·35 Cal. App. 5th 1109
Court of Appeal of CaliforniaJune 6, 2019E070843California4,705 words

Opinion

Lead Opinion

SLOUGH Acting P. J.

*1112 After successfully obtaining summary judgment on a lawsuit brought by his former employer, Antonio Cuevas-Martinez sued the employer and their attorney (collectively, respondents) for malicious prosecution. Respondents filed an anti-SLAPP motion to strike the complaint. ( Code Civ. Proc., § 425.16, unlabeled statutory citations *203 refer to this code.) 1 The trial court granted the motion, concluding Cuevas-Martinez failed to present prima facie evidence respondents filed the lawsuit without probable cause. *1113 The court based its ruling on Jarrow Formulas, Inc. v. LaMarche (2003) 31 Cal.4th 728 , 3 Cal.Rptr.3d 636 , 74 P.3d 737 ( Jarrow ), which held the entry of summary judgment on a prior lawsuit for insufficient evidence does not, by itself, establish a probability of prevailing on the merits of a subsequent malicious prosecution claim. ( Id. at p. 742, 3 Cal.Rptr.3d 636 , 74 P.3d 737 .)

On appeal, Cuevas-Martinez argues Jarrow is inapplicable because he did not rely on the mere fact of summary judgment victory, but instead submitted evidence that, if credited by a trier of fact, would support a verdict in his favor. We agree Cuevas-Martinez has…

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