California, United States of America
The following excerpt is from Kleveland v. Siegel & Wolensky, LLP, 155 Cal.Rptr.3d 599, 215 Cal.App.4th 534 (Cal. App. 2013):
or petition rights. Attorney Defendants' contention, however, is a logical fallacy. It is an accepted general principal of California law that a malicious prosecution suit is subject to an anti-SLAPP motion. ( Daniels v. Robbins, supra, 182 Cal.App.4th at p. 215, 105 Cal.Rptr.3d 683 [The plain language of the anti-SLAPP statute dictates every claim of malicious prosecution is a cause of action arising from protected activity because every such claim necessarily depends upon written and oral statements in a prior judicial proceeding.].) That said, it does not necessarily follow simply because a malicious prosecution suit can be subject to an anti-SLAPP motion that every anti-SLAPP motion brought against a malicious prosecution suit is automatically valid. Attorney Defendants' anti-SLAPP motion proves this point.
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