Nonsuit In Underlying Case Paves Some Of The Way Toward A Malicious Prosecution Action.

In the underlying breach of contract case, the court granted nonsuit in favor of defendants. The underlying defendants then brought an action against the underlying plaintiffs and their lawyer for malicious prosecution, to which the present defendant, who was the underlying plaintiff, brought a special motion to strike under the anti-SLAPP statute [Code of Civil Procedure section 425.16]. On an appeal brought by the present plaintiff after the trial court denied his motion to strike, the Court of Appeal stated: “We hold that unless a trial court otherwise specifies, a grant of nonsuit in the underlying case is a ‘legal termination favorable to the plaintiff’ for purposes of a subsequent malicious prosecution action.” (Nunez v. Pennisi (Cal. App. Sixth Dist.; October 27, 2015) 241 Cal.App.4th 861 [193 Cal.Rptr.3d 912].)