Zabasky v. American International Group, Inc.

MEMORANDUM

John T. Zabasky appeals the district court’s dismissal of his claims against American International Group, Inc. and American Home Assurance Co. (hereafter collectively AIG) for malicious prosecution, and his 42 U.S.C. § 1983 claims against the Los Angeles County District Attorney’s Office (DAO). We affirm.

(1) Zabasky contends that the district court erred when it granted AIG’s motion to dismiss pursuant to California’s anti-SLAPP law. See Cal.Civ.Proc.Code § 425.16. We disagree. Because in this diversity action we must apply California’s anti-SLAPP law, which covers Zabasky’s claim for malicious prosecution, he was required to “ ‘demonstrate! ] a probability of prevailing on the claim.’ ” He did not. The evidence he presented did not suffice to set out a prima facie case that AIG supplied false information to the authorities, or that it lacked probable cause when it made a report, or that it acted with malice. In short, AIG’s anti-SLAPP motion was properly granted.

(2) Zabasky next contends that the district court erred when it granted judgment on the pleadings to the DAO; we, again, disagree. In prosecuting Zabasky, the DAO was acting as a State of California…