Apartment Owner Can Pursue Malicious Prosecution Claims

SAN DIEGO - A California appellate court has reinstated a malicious prosecution lawsuit which accuses a former apartment tenant and her two law firms of bringing baseless mold damage claims against the owners of an apartment complex. Sycamore Ridge Apartments v. Naumann, et al., No. D047868 (Calif. Ct. App., Dist. 4).

In an unpublished opinion on April 6, California's Fourth District Court of Appeals reversed an order striking the claims made by Sycamore Ridge Apartments, finding that Sycamore Ridge 'demonstrated a probability of prevailing on its malicious prosecution claim.'

On Sept. 9, 2005, Sycamore Ridge brought the action against Megan …