Section 425

Citation: Section 425
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 unlawful detainer action clearly falls within the scope of free speech or petitioning activity protected by the anti-SLAPP statute. “The *1183prosecution of an unlawful detainer action indisputably is protected activity within the meaning of section 425.16.” (Birkner v. Lam (2007) 156 Cal.App.4th 275, 281 [67 Cal.Rptr.3d 190] (Birkner).) Furthermore, a notice of eviction or termination of a tenancy is protected activity where, as here, it is a legal prerequisite for bringing the unlawful detainer action. (Id. at pp. 281-282; Feldman v. 1100 Park Lane Associates (2008) 160 Cal.App.4th 1467, 1479-1481 [74 Cal.Rptr.3d 1] (Feldman) [service of a three-day notice to quit, filing of an unlawful detainer action, and threats by the landlord’s agent in connection with the dispute constituted protected activity under § 425.16, subd. (e)].) Wallace and Owen’s first cause of action is based on protected activity.

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