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4808 A trial court's order issuing a preliminary injunction in favor of the plaintiff in a trespass action upon the posting of a bond conclusively establishes there was probable cause for the trespass action, even though the injunction was not issued because the bond was not posted, so a subsequent malicious prosecution action by the person who was a defendant in the trespass action was properly stricken in response to a SLAPP motion.CitationPAIVA v NICHOLS (Temporary Injunction) 168 CA4 1007 [See: Sheldon Appel v Albert 47 C3 863; Jarrow v LaMarche 31 C4 728, P/AT 9/03; Fleishman v Superior Court 102 CA4 350, T/AT 10/02; Zamos v Stroud 32 C4 958, T/AT 5/04]
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