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Danita Christie v. Mark Lester
684 F. App'x 629
| 9th Cir. | 2017
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*1 Before: LEAVY, W. FLETCHER, and OWENS, Circuit Judges.

Danita Christie appeals pro se from the district court’s judgment dismissing Christie’s diversity action alleging malicious prosecution. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s grant of a motion to strike under California’s anti-Strategic Litigation Against Public Policy (“anti- *2 SLAPP”) statute. Manufactured Home Cmtys., Inc. v. County of San Diego , 655 F.3d 1171, 1176 (9th Cir. 2011). We affirm.

The district court properly granted defendants’ special motion under California’s anti-SLAPP statute to strike Christie’s malicious prosecution claims because Christie’s claims were based on protected activity and Christie failed to show a probability of prevailing on the merits, as Christie did not show defendants lacked probable cause for the breach of trust claim regarding trust distributions. See Roberts v. McAfee, Inc. , 660 F.3d 1156, 1163 (9th Cir. 2011) (outlining two- prong test for anti-SLAPP motion, and explaining that lack of probable cause is a necessary element of a malicious prosecution claim).

We reject as without merit Christie’s contention that the district court should have dismissed the Montana state court order.

All pending requests are denied.

AFFIRMED.

2 15-55982

[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

[**] The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

Case Details

Case Name: Danita Christie v. Mark Lester
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Mar 21, 2017
Citation: 684 F. App'x 629
Docket Number: 15-55982
Court Abbreviation: 9th Cir.
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