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3362 A federal court’s grant of summary judgment based on its finding that an action for infringement of copyright was frivolous justifies a malicious prosecution action in state court by the party who was defendant in the federal court action, and the action is not pre-empted by federal law; appeal from an order granting or denying an anti-SLAPP motion automatically stays proceedings in the trial court.CitationMATTEL v LUCE, FORWARD... (Barbie) 99 CA4 1179 [See: CCP 425.16; 28 USC 1338; Bertero v National 13 C3 43; Weaver v Superior Court 95 CA3 166; Lackner v LaCroix 25 C3 747; Jarrow v LaMarche (RevGrtd) 96 CA4 1, T/AT 5/02]
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