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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DFEH is clearly distinguishable from the matter at hand. DFEH did not involve a cause of action for wrongful eviction under Rent Ordinance section 37.9, which addresses actual or attempted eviction. Nor was it based on the antiretaliation statute, Civil Code section 1942.5, which bars retaliatory acts of increasing rent, decreasing services, causing the tenant to quit, or bringing an action to recover possession. Instead, the causes of action in DFEH were brought under antidiscrimination statutes specifically targeting acts of discrimination. While causes of action for discrimination might arise from acts of discrimination (which the landlords in DFEH did not claim were protected), Wallace and Owen’s causes of action for wrongful eviction and retaliatory eviction arise from acts of actual or threatened eviction—here including the acts of serving a three-day notice and prosecution of the ensuing unlawful detainer case—which do constitute protected activity. Indeed, McCubbin and Merck’s anti-SLAPP motion was directed only to the first and 13th causes of action, for wrongful eviction and retaliation respectively, and not to Wallace and Owen’s causes of action for discrimination.10

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