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 Court of Appeal in Feldman held that the causes of action arose from the alleged threats by the property owner’s agent, the service of the notice to quit, and the filing of the unlawful detainer action. (Feldman, supra, 160 Cal.App.4th at p. 1479.) The filing of the unlawful detainer and the service of the notice to quit constituted protected activity under section 425.16, subdivision (e). (Feldman, at pp. 1479-1480.) The court also held that threats by the property owner’s agent were also within the scope of the anti-SLAPP statute, as communications in connection with an ongoing dispute and in anticipation of litigation. (Feldman, at p. 1481.) The court concluded: “These activities [(filing of the unlawful detainer, service of the three-day notice, and the agent’s statements)] are not merely cited as evidence of wrongdoing or activities ‘triggering’ the filing of an action that arises out of some other independent activity. These are the challenged activities and the bases for [causes of action including wrongful eviction and retaliatory eviction].” (Id. at p. 1483.)

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