In Miller v. City of Los Angeles (2008) 169 Cal.App.4th 1373, the city investigated Miller and terminated him for misconduct. Miller appealed his decision to a reviewing board. The board conducted a hearing and upheld the termination. (Miller, supra, 169 Cal.App.4th at pp. 1376-1377.) Miller did not challenge the board's decision by filing a petition for writ of mandate. Instead, he filed a civil complaint against the city alleging various causes of action. (Id. at p. 1378.) The city demurred and filed a motion to strike under the SLAPP statute. The trial court granted the SLAPP motion and Miller appealed. (Id. at p. 1379.) The Miller court affirmed the trial court's SLAPP ruling holding that Miller could not make out a prima facie case: "As for the second prong of the SLAPP statute, because Miller is collaterally estopped from arguing that his termination was wrongful in light of the finality of the administrative proceedings concluding he was properly terminated . . . Miller cannot meet his burden of establishing a probability of prevailing on the merits of these two claims." (Id. at p. 1383.)