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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As mentioned, the acts alleged in the complaint that could most likely constitute endeavoring to recover possession of a rental unit under section *118437.9 of the Rent Ordinance are the filing of the three-day notice and prosecution of the unlawful detainer action. Wallace and Owen do not explain how the acts attributed directly and specifically to McCubbin and Merck (complaining to the landlord, complaining to Animal Control, etc.) could constitute endeavoring to recover possession of a rental unit within the meaning of the Rent Ordinance. Since Wallace and Owen nonetheless seek to hold McCubbin and Merck liable for wrongful eviction, their wrongful eviction cause of action must be based on the three-day notice and the unlawful detainer litigation, whether the complaint is construed to allege that McCubbin and Merck actually performed the acts, participated in them, or are otherwise responsible for them. Indeed, it is alleged extensively in the complaint that all “Defendants [(including McCubbin and Merck)] took the actions alleged in paragraphs 1 through 51” and “each and every of the Defendants herein were responsible in some manner for the acts, omissions, and occurrences herein alleged.” (Italics added.) Whether McCubbin and Merck performed the acts themselves or merely assisted, exhorted, or motivated the Wus to perform them, McCubbin and Merck may assert their rights under the anti-SLAPP statute. (Ludwig v. Superior Court (1995) 37 Cal.App.4th 8, 16-18 [43 Cal.Rptr.2d 350] [defendant may claim protection under the anti-SLAPP statute, even though he only supported another person who actually performed the protected activity].)

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