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p0413 Since an action that plaintiff claims defendant prosecuted maliciously was an exercise of defendant's right of petition, the SLAPP statute applies to plaintiff's malicious prosecution action, and unless plaintiff can show the ability to make out a prima facie case, the malicious prosecution action must be dismissed; summary determination of the underlying action on the ground of insufficient evidence does not establish as a matter of law that it was brought without probable cause and does satisfy plaintiff's burden of showing the ability to make out a prima facie case of malicious prosecution.CitationJARROW v LAMARCHE (Malicious Prosecution SLAPP) 31 C4 728 [See: CCP 425.16; Jarrow v LaMarche (RevGrtd) 96 CA4 1, T/AT 5/02; Briggs v Eden Council 19 C4 1106, T/AT 2/99; Navellier v Sletten 29 C4 82, T/AT 10/02; City of Cotati v Cashman 29 C4 69, T/AT 10/02; Equilon v Consumer Cause 29 C4 53, T/AT 10/02]
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