Cuevas-Martinez v. Sun Salt Sand, Inc.

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. The trial court granted the motion, concluding Cuevas-Martinez failed to present prima facie evidence respondents filed the lawsuit without probable cause. The court based its ruling on Jarrow Formulas, Inc. v. LaMarche, 31 Cal.4th 728 (2003), 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. On appeal, Cuevas-Martinez argued Jarrow was 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. The Court of Appeal agreed Cuevas-Martinez demonstrated his claim has the requisite minimal merit to survive anti- SLAPP scrutiny, and therefore reverse. View "Cuevas-Martinez v. Sun Salt Sand, Inc." on Justia Law