Post

Maleti v. Wickers

The court held that because the trial court granted the defendants' motion to strike the abuse-of-process claim, the defendants qualified as prevailing parties under California's anti-SLAPP statute (CCP § 425.16) and.

Case Brief Full Opinion

Date Filed: September 09, 2022
Case Name: Maleti v. Wickers
Case Number: H048393M
Court: California Supreme Court

The court decides whether the defendants qualify as “prevailing parties” under California’s anti‑SLAPP statute (CCP §\u202f425.16) for the purpose of recovering attorney fees after a partial anti‑SLAPP victory. It holds that because the trial court granted the defendants’ motion to strike the abuse‑of‑process claim, the defendants are prevailing defendants and are entitled to fees and costs, and it remands for the court to deny the strike of the malicious‑prosecution claim and award the appropriate fees. This ruling clarifies that a partial success on an anti‑SLAPP motion satisfies the prevailing‑party requirement, shaping fee‑shifting and claim‑striking practice in probate‑related litigation.


This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.

This post is licensed under CC BY 4.0 by the author.