Clark v. Mazgani, 170 Cal. App. 4th 1281 (2009)

Citation: Clark v. Mazgani, 170 Cal. App. 4th 1281 (2009)
Parent Document: Clark v. Mazgani, 170 Cal. App. 4th 1281 (2009)
Jurisdiction: California (state)
Effective Date: 2009-01-07
Original Source: https://www.courtlistener.com/opinion/2305176/clark-v-mazgani/ ↗

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A landlord successfully evicted a long-term tenant from a rent-controlled apartment, ostensibly to free the unit for occupancy by the landlord’s daughter. The landlord’s daughter never moved in, and the tenant sued the landlord for fraud and unlawful eviction, and failure to pay relocation expenses. The landlord responded with a special motion to strike (Code Civ. Proc., § 425.16), arguing the tenant’s complaint arose from the landlord’s acts or statements in furtherance of her constitutional rights. The trial court agreed, and granted the motion. We conclude the tenant’s claims did not arise from a protected activity — they are based on the landlord’s violation of rent control laws, not on actions in furtherance of the right of free speech or petition. Accordingly, we reverse. FACTUAL AND PROCEDURAL BACKGROUND

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