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New Cases of Interest - November 4, 2014
Zucchet v. Galardi (2014) 229 Cal.App.4th 1466. This was an action involving another SLAPP motion. The action involved a malicious prosecution claim which alleged that a witness in a previous criminal trial had testified falsely. The Court of Appeal directed that the SLAPP motion be granted, finding that the claim was based on activities in furtherance of the right to free speech or petition, and that the exception for illegal activity did not apply because falsity had not been conclusively established, and the witness therefore was able to satisfy the first prong of the SLAPP analysis by demonstrating that the conduct arose from a protected activity. Plaintiff also failed to show a probability of prevailing because being a witness in a criminal prosecution in responding to a law enforcement request for information does not subject himself to a malicious prosecution claim unless the witness initiated the prosecution or actively urged the government to continue in it.