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HMS CAPITAL, INC. v. LAWYERS TITLE CO.

No. B158008.

12 Cal.Rptr.3d 786 (2004)

118 Cal.App.4th 204

HMS CAPITAL, INC., etc., Plaintiff and Respondent, v. LAWYERS TITLE COMPANY, etc., Defendant and Appellant.

Court of Appeals of California, Second District, Division Three.

April 30, 2004.

Attorney(s) appearing for the Case

Richard D. Marks Professional Corporation and Richard D. Marks for Defendant and Appellant.

Kester & Isenberg and Charles F. Kester for Plaintiff and Respondent.

ALDRICH, J.

The issue on appeal is whether the trial court erred in denying an anti-SLAPP motion.1 The motion contended that a malicious prosecution lawsuit should be stricken. We affirm the order denying the motion in part because the party bringing the malicious lawsuit received a favorable termination on the merits of the underlying lawsuit, irrespective of the voluntary settlement of...

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