*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).
