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 “actions alleged in paragraphs 1 through 51,” either by McCubbin and Merck or by Victor or Lawrence Wu as part of defendants’ “campaign,” include the following. In 2006 and 2007: McCubbin and Merck complained to the Wus about Nemo’s purported aggressive behavior; McCubbin and Merck started an argument with Wallace about Nemo being overly friendly and noisy; and Lawrence Wu threatened Wallace and Owen that “Defendants” would eventually have Nemo removed. Within 180 days of Wallace’s June 2007 complaint to the San Francisco Human Rights Commission about “Defendants’” threats to remove Nemo: Victor Wu interrogated Wallace as to Wallace’s need for a service dog and warned that Wallace and Owen would be evicted if they did not get rid of Nemo; McCubbin informed Lawrence Wu that Wallace and Owen were advertising for a new subtenant; Victor Wu intimidated the new subtenant; and McCubbin and Merck filed a complaint with Animal Control about Nemo. Within 180 days after Wallace’s November 2007 complaint to the San Francisco Human Rights Commission about McCubbin and Merck: Victor Wu denied Wallace’s request for a subtenant, Lawrence Wu stated that subletting would result in legal action, and Victor Wu served a three-day notice to quit and filed the unlawful detainer action.

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