15
Because we conclude that Laramar has not met its burden under the first step of
the anti-SLAPP analysis, we do not reach step two.3 That said, we have one observation
on the subject based on Laramar’s final argument that Moriarty’s claims “are barred by
the doctrines of claim and issue preclusion.” The argument is as follows: “The
Complaint in The Eviction alleged that Laramar had complied with all applicable
requirements of the Rent Ordinance. [Citation.] As such, the issues raised in the
complaint concerning possession were at issue in the eviction proceeding, and were
accordingly adjudicated against Plaintiff when the court entered a judgment for
possession against him.” We are nonplussed.
As noted above, Moriarty moved to set aside the default entered in the unlawful
detainer action, hearing on which was held on May 2, 2012. Laramar Urban Specialty
Partners, the plaintiff in the unlawful detainer case, was represented by Mr. Dowling,
Moriarty by Eric Lifschitz. Mr. Lifschitz expressed his concern that if the default were
not set aside there might be a preclusive effect on Moriarty at a later date, a concern that
from all indications also bothered the trial court. Mr. Dowling alleviated the concern.
This was the colloquy:
“THE COURT: How do you comment on the other statements made by other
counsel which related to even if the Court were to say you can’t get possession because
this is a U.D. and possession is not the issue, at least want the judgment modified in this
instance here to set forth what happened? I guess something to that extent so that, you
heard, you can’t use it against them in whatever they are going to do.
“MR. DOWLING: I don’t know there is any collateral affect. Certainly no issue
preclusion because nothing was litigated, where we have a default judgment here. There
is nothing litigated. There was no evidence put before the Court so no fact issues got
decided. In terms of claim preclusion, only seems to operate against my client. No