(DOWNLOAD) "Drummond v. Desmarais" by Colorado Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Drummond v. Desmarais
- Author : Colorado Supreme Court
- Release Date : January 05, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 84 KB
Description
Plaintiffs George Drummond, Rebecca Drummond, and Jesse Marion brought this action against their former attorney, Michael Desmarais, and others, alleging that Desmarais maliciously prosecuted two previous suits against plaintiffs, one seeking to recover fees claimed under a contract to provide legal services to plaintiffs in connection with the estate of their deceased father, and the other alleging that plaintiffs had maliciously sued Desmarais when they objected to a petition seeking to pay his fees out of their father?s estate. Defendants moved to strike the complaint under the anti-SLAPP statute, Code of Civil Procedure section 425.16 ( 425.16), arguing that plaintiffs would be unable to show that either of the predicate lawsuits was filed without probable cause or was terminated favorably on the merits. The trial court granted the motion and entered a judgment of dismissal. Plaintiffs appeal, charging the trial court with innumerable errors. We conclude that since Demarais?s suit for fees has been finally resolved in his favor, plaintiffs? claims predicated on that action must fail. We also conclude that while the evidence before the trial court would amply sustain findings that Desmarais acted maliciously and without probable cause in suing his clients for malicious prosecution based on their objections to his fees, his voluntary dismissal of that suit after reversal of the underlying judgment on appeal was not a termination on the merits in plaintiffs? favor, such as would be required to sustain their malicious prosecution claim.