Employer’s Malicious Prosecution Cross-Complaint Against Employee Tossed.

An employee sued his employer for wrongful termination. The employer cross-complained for malicious prosecution, contending the employee had maliciously prosecuted a meritless claim for unemployment insurance benefits. The employee’s special motion to strike under the anti-SLAPP statute [Code of Civil Procedure section 425.16] was denied. The court of appeal reversed, stating: “Having determined that the malicious prosecution cause of action satisfies the first prong because it arises from activity protected under section 425.16, subdivision (e), and having also determined that the second prong is satisfied because [the employer] cannot show a probability of prevailing, we conclude that the malicious prosecution cause of action is a SLAPP within the meaning of section 425.16.”  (Kurz v. Syrus Systems, LLC  (Cal. App. Sixth Dist.; November 22, 2013) 221 Cal.App.4th 748, [164 Cal.Rptr.3d 554].)