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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Other acts on which Wallace and Owen based their 13th cause of action might not constitute protected petitioning activity under the anti-SLAPP statute. For example, Victor Wu’s threat to evict Wallace and Owen unless they got rid of Nemo might constitute a threat to evict or to cause them to involuntarily terminate their tenancy under Civil Code section 1942.5, but it would not be protected under subdivision (e) of Code of Civil Procedure section 425.16, because it was not made in connection with any judicial or administrative proceeding: the ensuing unlawful detainer action was not based on Nemo, but on an impermissible subtenant. As to McCubbin and Merck’s complaints to Wallace and Owen about Nemo, and the Wus’ refusal to permit a new subtenant, McCubbin and Merck make no argument that those acts constitute protected activity. We also question whether McCubbin and Merck’s complaints to the Wus about Nemo would be covered by the anti-SLAPP statute, since they were not made in connection with any judicial *1187or administrative proceeding and probably do not constitute statements in connection with a public issue or an issue of true public interest (a matter we need not and do not decide here). The point is that, because the 13th cause of action is based on some acts other than the report to Animal Control, three-day notice, and unlawful detainer proceedings, it is based on both protected activity and unprotected activity.

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