Roy Al Finance and Loan Company v Rastegar & Matern

Plaintiffs and appellants Roy Al Finance & Loan Company, formerly known as Royal Thrift & Loan Company (hereafter, Royal), and John Tonoyan (Tonoyan) appeal an order granting a motion by defendants and respondents to strike their malicious prosecution complaint pursuant to Code of Civil Procedure section 425.16, the anti-SLAPP [*2] statute. The essential issue presented is whether Royal and Tonoyan made an adequate showing that their malicious prosecution action against the attorney defendants has merit. We conclude Royal and Tonoyan failed to make a sufficient prima facie showing that the attorney defendants initiated the underlying action with malice. Therefore, the trial court properly granted the attorney defendants’ special motion to strike the instant complaint. The order granting the motion to strike the malicious prosecution complaint is affirmed. [Mr. Horwitz represented the defendant / respondents]