Wallace v. McCubbin, 196 Cal. App. 4th 1169 (2011)

Citation: Wallace v. McCubbin, 196 Cal. App. 4th 1169 (2011)
Parent Document: Wallace v. McCubbin, 196 Cal. App. 4th 1169 (2011)
Jurisdiction: California (state)
Effective Date: 2011-06-27
Original Source: https://www.courtlistener.com/opinion/5810370/wallace-v-mccubbin/ ↗

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In August 2009, McCubbin and Merck filed a special motion to strike under the anti-SLAPP statute. (§ 425.16.) They argued that the first and 13th causes of action arose from conduct the statute protects. Specifically, they contended, the “gravamen of [the] claim” was that all defendants served a bogus notice of termination of the tenancy (the three-day notice) and instigated a frivolous and malicious unlawful detainer action, both of which constituted protected activity. Furthermore, they argued, Wallace and Owen could not prevail on these causes of action, because McCubbin and Merck were not the ones who prosecuted the unlawful detainer action, the alleged wrongful conduct was protected by the litigation privilege, and no liability could arise under a conspiracy theory.

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