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4945 REVIEW DENIED Although there was ample evidence that defendant acted with malice and without probable cause in his own suit against plaintiffs for malicious prosecution, plaintiffs must also show they were successful on the merits of the prior case. Because the defendant voluntarily dismissed his prior litigation against plaintiffs, plaintiffs were not technically “successful on the merits” and thus did not show the required elements for their own malicious prosecution case.CitationDRUMMOND v DESMARAIS (Suing for Suing) 176 CA4 439 [See Code Civ Proc § 425.16 (SLAPP Statute); Lackner v LaCroix 25 C3 747]
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