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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we assume, without deciding, that statements made by Mazgani were in furtherance of her right of petition or free speech. Nevertheless, Clark’s claims do not “arise from” Mazgani’s conduct in exercising those constitutional rights. The gravamen of Clark’s action is her claim that wrongful eviction was the result of fraud in that Mazgani did not fulfill the RSO requirement that her family member reside in the evicted tenant’s apartment for at least six months. (Civ. Code, § 1947.10, subd. (a).) That claim could only be raised and determined months after Mazgani accomplished the eviction. A landlord’s fraudulent act of terminating a tenancy or removing a unit from the rental market and allowing that unit to stand empty, in breach of the RSO, is an actionable unlawful eviction. (Civ. Code, § 1947.10, subd. (a).) Neither that act, nor the failure to make good on the check tendered to her former tenant, is protected by Mazgani’s constitutional rights of petition or speech.

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