The Duringer Law Group v.MacMillan CA4/3

FACTS & PROCEDURE

This malicious prosecution action arises out of DLG‟s representation of MacMillan in an unlawful detainer action against one of his commercial real property tenants, and like the Hydra of mythology, has grown many heads. We begin with background on each piece of litigation the unlawful detainer action has spawned summarized from two prior opinions from this court—MacMillan v. Andrews et al. (July 1, 2011, G044208) [nonpub. opn.] (MacMillan) and Munoz v. MacMillan (2011)

Code of Civil Procedure section 425.16 authorizes a special motion to strike a Strategic Lawsuit Against Public Participation (SLAPP) action. Section 425.16 is referred to as the anti-SLAPP statute. (Navellier v. Sletten (2002) 29 Cal.4th 82, 85, fn. 1.) All further statutory references are to the Code of Civil Procedure, unless otherwise indicated.

2 195 Cal.App.4th 648 (Munoz)—supplemented where necessary from the record before us in this appeal. 1. The Unlawful Detainer Action MacMillan owns multi-unit commercial real property in Garden Grove, managed by Kenski Properties, Inc. (Kenski Properties). DLG is the law firm Kenski Properties routinely used to handle evictions on…