4
basically is an action that arises—that arises out of alleged breach of warranty of
habitability. And I couldn’t find anything else in the complaint.”
On December 5, 2012, Judge Quidachy entered his order denying the anti-SLAPP
motion, from which Laramar filed a timely notice of appeal.
DISCUSSION
A possible threshold issue presents itself, based on the fact that the plaintiff in the
unlawful detainer case was, as noted, Laramar Urban Specialty Partners, while the
moving party in the anti-SLAPP motion is Laramar Management Corp. Laramar
anticipated this issue, and claims it is not one, in this footnote on page 1 of its opening
brief: “Although the unlawful detainer action was filed by Laramar Urban Specialty
Partners (‘LUSP’), Plaintiff’s Complaint alleges that both LUSP and Laramar
Management Corporation acted as ‘property managers’ and were Plaintiff’s ‘landlords.’
[Citation.] The Complaint alleges that only LUSP ‘performed and/or supervised the
negligent repair and remediation of the Subject Premises.’ [Citation.] The Complaint
further alleges in boilerplate fashion that there was a ‘unity of interest’ among the
defendants and that the Defendants were ‘alter egos’ of each other and exerted control
over each other, such that the separate existence of the Defendants should be disregarded.
[Citation.] All causes of action are alleged against all Defendants. Laramar Management
Corporation is entitled to assert its anti-SLAPP rights in this context. (Wallace v.
McCubbin (2011) 196 Cal.App.4th 1169, 1184 (Wallace); Ludwig v. Superior Court
(1995) 37 Cal.App.4th 8, 16-18.)”
Moriarty does not vigorously contest this assertion, replying late in his
respondent’s brief only as follows: “Defendant erroneously relies on Wallace and
Ludwig for the proposition that Laramar can assert its anti-SLAPP rights, but these cases
actually stand for the proposition that a defendant may claim protection under the
anti-SLAPP statute even though he only supported, assisted, exhorted, or motivated
another person who actually performed the act. [Citations.] Thus, Defendant effectively
concedes that it supported, assisted, exhorted, or motivated another person who actually