V. Lynn Hodge vs. OC Media Tower, L.P.

“A voluntary dismissal is presumed to be a favorable termination on the merits, unless otherwise proved to a jury. This is because ‘[a] dismissal for failure to prosecute . . . does reflect on the merits of the action [and in favor of the defendant] . . . . The reflection arises from the natural assumption that one does not simply abandon a meritorious action once instituted.’” (Citizens of Humanity, LLC v. Ramirez (2021) 63 Cal.App.5th 117, 129 [cleaned up].)

On 12/24/2020, Plaintiffs filed a motion for summary judgment (MSJ) in the underlying action on the single ground the action was legally barred. (Lee Decl., ¶ 14, RJN Ex. 4.) On 2/17/2021, before that motion was heard and before any opposition to it was filed Plaintiffs filed a Request for Dismissal, which was entered the same day. (Lee Decl., ¶ 14, RJN Ex. 5.)

Jack’s declaration contains no discussion of the dismissal including any indication as to why he voluntarily dismissed the action, while the declaration of Jack’s counsel states only, “On February 17, 2021, prior to his deadline to oppose the MSJ, and before the Court issued any ruling on the merits of the 169 case, Jack voluntarily dismissed his operative Malicious Prosecution complaint with prejudice.” (Smith Decl., ¶ 4.)

As such, Jack offers no evidence to rebut the presumption the voluntary dismissal was a favorable termination on the merits such as evidence demonstrating the dismissal was based on a technical or procedural ground or was otherwise unrelated to the merits of the case.

Plaintiffs have demonstrated their malicious prosecution cause of action has at least “minimal merit.”

Jack is ORDERED to file an answer within 5 days.

Clerk to give notice.

8 V. Lynn Hodge, Motion for Summary Judgment and/or Adjudication as Trustee of the Off calendar – case settled. Plaza del Sol Real Estate Trust Under Declaration of Trust Dated February 9, 1996, as Amended, A California Revocable Trust