The defendants brought a motion for summary judgement to dismiss the plaintiffs' claims of malicious prosecution, defamation, and fraud/theft relating to a saving circle and employment termination.
The defendants also sought default judgement on their counterclaim for theft.
The plaintiffs brought a cross-motion for summary judgement.
The court granted partial summary judgement dismissing the malicious prosecution and defamation claims, finding no evidence that the police lacked independent discretion in laying charges or that defamatory statements were made to third parties.
The court found genuine issues requiring a trial for the saving circle and employment monies claims due to credibility issues.
The court also set aside the noting of default on the counterclaim to avoid inconsistent findings at trial.
