Moriarty v. Laramar Mgmt. Corp. (2014)

Citation: Moriarty v. Laramar Mgmt. Corp. (2014)
Parent Document: Moriarty v. Laramar Mgmt. Corp. (2014)
Jurisdiction: California (state)
Effective Date: 2014-02-26
Original Source: https://www.courtlistener.com/opinion/2654777/moriarty-v-laramar-mgmt-corp/ ↗

Full Text

1,237 chars

2
         At four separate places in his respondent’s brief Moriarty cites our opinion in
Chacon v. Litke (2010) 181 Cal.App.4th 1234. While Chacon was not a SLAPP case,
Moriarty argues its applicability here, as follows: “This court agrees that wrongful
endeavors to recover possession of a rental unit in violation of enumerated grounds for
eviction in a rent ordinance, ‘[o]n their face, these provisions create liability for a range
of conduct that does not necessarily include filing a lawsuit to recover possession (such
as service of an eviction notice with no intent to proceed to litigation, or constructive
eviction by failure to provide heat), or that arise from a landlord’s conduct after recovery
of possession.’ (Chacon v. Litke, supra, 181 Cal.App.4th at p. 1257, citing Rental
Housing Association of Northern Alameda County v. City of Oakland (2009)
171 Cal.App.4th 741.) ¶ This Court has essentially found that a wrongful eviction does
not necessarily include filing an unlawful detainer action . . . .” (Fns. omitted.)
       Laramar ignores Chacon in its reply brief, not even mentioning it. This is bad
enough in any event. It is especially so here, as counsel for Laramar was counsel for the
losing party in Chacon.

Other Sections in This Document (32)

Full Text