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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The trial court denied the motion to strike. The court explained: “Defendants [McCubbin and Merck] have not carried their initial burden to prove that the gravamen of Plaintiffs’ Complaint is based upon protected conduct as that term is defined in Section 426.16 [sic]. The gravamen of the Plaintiffs’ Complaint is not that the Defendants filed a lawsuit or sent notices or threatened even to send a notice, but that the Defendants engaged in a pattern of disability discrimination designed to drive the Plaintiffs from their home, and that therefore the allegations of what would otherwise be protected conduct are incidental to the thrust of the Plaintiffs’ Complaint. And while they are pleaded, they are pleaded as evidentiary support for the course of conduct which went on before and was in full blossom before the potentially protected conduct occurred.” This appeal followed. II. DISCUSSION

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