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Mactagone v. Schindler2/24/2003
plaint about Sophie chasing his cows, he called her a couple of days later to report an injured cow, he offered to show her the cow and he asked that she submit the matter to her insurance carrier. That is fully consistent with the conclusion reached by the referee, that Sophie bit Schindler's cow.Therefore, we conclude Mactagone has not carried his burden to show a probability that he would prevail in his effort to show Schindler's actions were animated by bad intent. In reaching this conclusion we consider the fact that objective probable cause for Schindler's actions was been demonstrated before the referee, as well as the lack of evidence of evil motive contained in the opposition to the SLAPP motion.
DISPOSITION
The order denying Schindler's SLAPP motion is reversed with directions to the trial court to grant the motion. Mactagone shall pay Schindler's costs of this appeal. (Cal. Rules of Court, rule 27(a).)
We concur:
SIMS, Acting P.J.
NICHOLSON, J.
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