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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Moreover, the fact that a defendant’s conduct was alleged to be illegal, or that there was some evidence to support a finding of illegality, does not preclude protection under the anti-SLAPP law. (Birkner, supra, 156 Cal.App.4th at pp. 278-279, 285 [landlord’s termination notice did not fall outside the scope of the anti-SLAPP statute merely because it allegedly violated the Rent Ord.]; see G.R. v. Intelligator (2010) 185 Cal.App.4th 606, 612-616 [110 Cal.Rptr.3d 559] [attorney’s filing of a credit report in connection with a postdissolution motion, in violation of Cal. rules of court, was protected activity]; Cabral v. Martins (2009) 177 Cal.App.4th 471, 479-481 [99 Cal.Rptr.3d 394] [lodging a will, pursuing probate proceedings, and defending in litigation matters constituted protected activity, even though the acts violated child support evasion statutes].) An exception exists only where “the defendant concedes the illegality of its conduct or the illegality is conclusively shown by the evidence . . . .” (Flatley, supra, 39 Cal.4th at pp. 316, 320 [defendant’s conduct was criminal extortion as a matter of law]; see Hutton v. Hafif (2007) 150 Cal.App.4th 527, 541 [59 Cal.Rptr.3d 109]; Paul for Council v. Hanyecz (2001) 85 Cal.App.4th 1356, 1365 [102 Cal.Rptr.2d 864], disapproved on other grounds in Equilon Enterprises v. Consumer Cause, Inc., supra, 29 Cal.4th at p. 68, fn. 5.) Here, however, McCubbin and Merck do not admit any illegality; nor does the evidence conclusively establish that they committed conduct that was illegal as a matter of law: Wallace and Owen do not prove that McCubbin and Merck willfully assisted the Wus in violating the Rent Ordinance (Rent Ord., § 37.9, subd. (e)), their actions were retaliatory (Civ. Code, § 1942.5), or they could be liable for the Wus’ acts. (See discussion of prong two, post.)

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