Cuevas-Martinez
Cuevas-Martinez v. Sun Salt Sand, Inc.
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…