8
offer any relocation benefits as proscribed under San Francisco Administrative Code
§ 37.9C. . . .
“129. Defendants endeavored to recover, and in fact recovered, possession of the
Premises in bad faith, with ulterior reason, and without honest intent, and in a manner not
permitted by the San Francisco Administrative Code § 37 et seq. (Rent Ordinance) and
thereby violated the Rent Ordinance § 37.9 et seq. . . .
“130. Defendants, and each of them, failed to provide Plaintiff just cause to evict
her [sic] as required by the Rent Ordinance. Defendants’ eviction of Plaintiff was lacking
in the requisite just cause and was incapable of being remedied . . . .
“These allegations fall within the scope of section 425.16(e)(1) and (e)(2), because
they expressly invoke the Unlawful Detainer Action and ensuing eviction as the factual
basis for Plaintiff’s claims against Laramar.”
In short, with disregard of the pertinent principles or cases—and on a strained,
myopic reading of Moriarty’s complaint—Laramar focuses on a few words in a few
paragraphs (of 139) and from there argues, however conclusorily, that the complaint is
within the SLAPP statute. Laramar’s primary focus in this regard is on the eleventh
cause of action, as to which it asserts as follows:
“Plaintiff’s tactics are shown by his penultimate [sic] Eleventh cause of action for
‘Wrongful Eviction,’ which explicitly seeks damages based on the Unlawful Detainer
Action and resulting eviction. Plaintiff alleges:
“Defendants endeavored to recover, and in fact recovered, possession of the
Premises in bad faith, with ulterior reason, and without honest intent, and in a manner not
permitted by the San Francisco Administrative code § 37, et seq. (‘Rent Ordinance’) and
thereby violated the Rent Ordinance § 37.9, et seq.
“. . . . Plaintiff then alleges:
“Defendants, and each of them, failed to provide Plaintiff just cause to evict her
[sic] as required by the Rent Ordinance. Defendants’ eviction of Plaintiff was lacking in
the requisite just cause and was incapable of being remedied as Plaintiff’s tenancy was
protected from eviction.