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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (68)

Full Text

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The same reasoning applies here. Clark’s action against Mazgani is not based on Mazgani’s filing or service of the notices of intent to evict, it is not based on anything Mazgani said in court or a public proceeding, and it is not based on the fact that Mazgani prosecuted an unlawful detainer action against her. The complaint is based on Mazgani’s allegedly unlawful eviction, in that she fraudulently invoked the RSO to evict Clark from her rent-controlled apartment as a ruse to provide housing for her daughter, but never installed her daughter in the apartment as required by that ordinance, and also that she failed to pay Clark’s relocation fee. Mazgani’s briefs fail to distinguish the holding in Marlin, 3 and fail to address DFEH at all. Instead, she offers the decisions in Birkner, supra, 156 Cal.App.4th 281, and Feldman v. 1100 Park Lane Associates (2008) 160 Cal.App.4th 1467 [74 Cal.Rptr.3d 1] (Feldman)