Greensprings Baptist Christian Fellowship Trust v. Cilley

MEMORANDUM

In this diversity action for malicious prosecution, James P. Cilley, Mark A. Schmuck and their law firm, Timmerman, Cilley & Kohlmann (collectively the Lawyers) appeal the ruling of the district court holding that Greensprings Baptist Christian Fellowship Trust (Greensprings) had made a prima facie showing of malice, so that it could proceed to trial.

We affirm.

The history of this litigation is recounted in two judicial orders:

On August 18, 2008, Chief Magistrate Judge James Larson examined the complaint filed by the Lawyers on behalf of their clients, Robert Miller and Barbara Miller, individually, and as parents of Molly Miller and Anne Miller. Chief Magistrate Judge Larson concluded:

Three years later, the attorneys were still at it. Reviewing what had been asserted, Judge Samuel Conti ruled on May 26, 2011 summed up the situation:

Greensprings need show only the probability of success to secure a trial. City of Cotati v. Cashman, 29 Cal.4th 69 , 124 Cal.Rptr.2d 519 , 52 P.3d 695, 700 (2002). As the findings in the district court show, such probability exists. The district court therefore properly concluded that there was sufficient evidence to show,…