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 protected conduct alleged in Wallace and Owen’s 13th cause of action is not merely incidental to the alleged unprotected conduct. The three-day notice and unlawful detainer are two of the acts on which liability is premised, and those acts are certainly not collateral to a cause of action that seeks relief for causing a lessee to quit involuntarily or bringing an action to recover possession. McCubbin and Merck satisfied the first prong of the anti-SLAPP analysis as to the 13th cause of action. (Haight Ashbury, supra, 184 Cal.App.4th atp. 1551, fn. 7 [“where the defendant shows that the gravamen of a cause of action is based on nonincidental protected activity as well as nonprotected activity, it has satisfied the first prong of the [anti-]SLAPP analysis”]; Salma v. Capon (2008) 161 Cal.App.4th 1275, 1287 [74 Cal.Rptr.3d 873] (Salma) [mixed causes of action are subject to a special motion to strike under § 425.16 if “at least one of the underlying acts is protected conduct. . .”].) 3. Respondents’ Illegality Argument Is Meritless

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