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 a threshold matter, Wallace and Owen’s argument that the court should look to the discriminatory gestalt of their allegations rings hollow in light of what they actually pled in connection with their first and 13th causes of action. Although they alleged generally in paragraph 51 that defendants acted as part of a campaign against the disabled and intended to discriminate on the basis of Wallace’s disabilities, their more specific allegations asserted that defendants had threatened to evict other tenants in the building for having dogs as well. Given this allegation, it is difficult to see how the gravamen of the first or 13th causes of action could be discrimination against the disabled; to the contrary, the causes of action are based on acts of evicting or attempting to evict Wallace and Owen, not discriminating against them.

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