Patricia Leighton v. Marc G. Lowenberg

Summary

The court affirmed dismissal of Leighton's abuse-of-process claim because the Dentists' discovery misconduct did not involve the use or invocation of legal process. It held that her allegations sufficiently stated a claim for wrongful use of civil proceedings because the underlying defamation action was dismissed with prejudice in circumstances suggesting both lack of merit and favorable termination. The court also affirmed denial of the anti-SLAPP motion because Leighton's allegation that she was charged a specific amount in legal fees established actual injury. No separate opinions were filed.