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/ ↗

Full Text

1,034 chars

is instructive. There, a landlord filed notice under the Ellis Act (Gov. Code, § 7060 et seq.) of its intention to permanently remove units from the rental market. The Ellis Act allows landlords who comply with its provisions to go out of the rental business even if doing so would otherwise violate a local rent control ordinance. Tenants subjected to the notice sued the landlord challenging its right to invoke the Ellis Act. The landlord responded with a SLAPP motion, arguing the tenants’ action arose from the landlord’s filing and service of the Ellis Act notices. This district’s Division Seven disagreed. The court was willing to assume that filing and service of the eviction notices constituted protected free speech or petitioning activity, but concluded the landlord failed to show the lawsuit arose from any protected activity. The court reasoned that simply because an action was filed after Ellis Act notices were served and filed, did not mean it arose from or was based on those protected activities. (Marlin, supra,

Other Sections in This Document (68)

Full Text