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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 425

Citation
Section 425
Parent Document
Wallace v. McCubbin, 196 Cal. App. 4th 1169 (2011)
Jurisdiction
California (state)
Effective Date
2011-06-27

Other Sections in This Document (190)

Full Text

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In regard to the first cause of action for wrongful eviction, the question is whether Wallace and Owen showed, by admissible evidence, any probability that they would prevail against McCubbin or Merck on their claim for wrongful eviction. (See HMS Capital, Inc. v. Lawyers Title Co., supra, 118 Cal.App.4th at p. 212 [requiring admissible evidence, not merely allegations of the complaint]; Hailstone v. Martinez (2008) 169 Cal.App.4th 728, 735 [87 Cal.Rptr.3d 347] [plaintiff cannot rely even on verified pleadings].) Wallace and Owen have failed to meet this burden.