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

835 chars

160 Cal.App.4th 1467, tenants refused to vacate an apartment after the landlord demanded higher rent. The landlord filed an unlawful detainer action. The tenants filed a cross-complaint alleging retaliatory eviction, negligence, negligent misrepresentation, breach of the covenant of quiet enjoyment, wrongful eviction, breach of contract and unfair business practices. The unlawful detainer action was dismissed, and the landlord moved to strike the cross-complaint as a SLAPP suit. The Court of Appeal found that, with the exception of the claim of negligent misrepresentation, the tenants’ cross-complaint was based on the filing of the unlawful detainer action, service of the notice to quit, and statements made by the landlord’s agent in connection with the threatened unlawful detainer. Those activities were not merely evidence

Other Sections in This Document (68)

Full Text