MOTION TO STRIKE CROSS COMPLAINT
Matter on calendar for Wednesday, March 26, 2014, Line 14, CROSS DEFENDANT JAMES LIU'S MOTION TO STRIKE CROSS COMPLAINT.
The motion is granted. The cause of action for malicious prosecution implicates CCP 425.16 [anti-SLAPP statute]. See Daniels v. Robbins (2010) 182 Cal.App.4th 204, 215 ("The plain language of the anti-SLAPP statute dictates that 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.") The opposing party (Mr. York Liu) fails to demonstrate a likelihood of prevailing on the merits. Mr. James Liu's "Request for Domestic Violence Restraining Order" was a pure family law matter and it cannot be the basis for a malicious prosecution action based on the public policies highlighted in Bidna v. Rosen (1993) 19 Cal.App.4th 27 and Nicholson v. Fazeli (2003) 113 Cal.App.4th 1091.
Any party who c
Hearing Date
March 26, 2014
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MOTION TO STRIKE CROSS COMPLAINT
Matter on calendar for Wednesday, March 26, 2014, Line 14, CROSS DEFENDANT JAMES LIU'S MOTION TO STRIKE CROSS COMPLAINT.
The motion is granted. The cause of action for malicious prosecution implicates CCP 425.16 [anti-SLAPP statute]. See Daniels v. Robbins (2010) 182 Cal.App.4th 204, 215 ("The plain language of the anti-SLAPP statute dictates that 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.") The opposing party (Mr. York Liu) fails to demonstrate a likelihood of prevailing on the merits. Mr. James Liu's "Request for Domestic Violence Restraining Order" was a pure family law matter and it cannot be the basis for a malicious prosecution action based on the public policies highlighted in Bidna v. Rosen (1993) 19 Cal.App.4th 27 and Nicholson v. Fazeli (2003) 113 Cal.App.4th 1091.
Any party who c