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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In the first place, despite the allegations of the complaint, Wallace and Owen produced no evidence that McCubbin or Merck could be held responsible for the three-day notice or the unlawful detainer action. It is undisputed McCubbin and Merck did not prepare or serve the three-day notice, or file, serve or prosecute the unlawful detainer action; Victor Wu perpetrated those *1213acts. There is no evidence that Wu, in perpetrating these acts, was acting as an agent for McCubbin and Merck in a manner that would attribute the acts to them. There is no showing, for example, that Wu did those things to recover possession of the apartment for McCubbin or Merck; to the contrary, he did them to recover possession for himself, as landlord and property owner. Furthermore, Wallace and Owen now insist that McCubbin and Merck did not even exhort Wu to pursue the unlawful detainer; they assert in their respondents’ brief that they need not prove conspiracy or aiding and abetting, and they scarcely attempt to do so.22

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