Is a claim of malicious prosecution a cause of action arising from protected activity?
California, United States of America
The following excerpt is from Ostly v. Omura, A137411, A138596, A138691 (Cal. App. 2015):
from constitutionally protected activity, i.e., filing the underlying lawsuit]; Daniels v. Robbins (2010) 182 Cal.App.4th 204, 214-215 ["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"].)
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