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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Furthermore, as a matter of law, Wallace and Owen have no cause of action against defendants for wrongful eviction based on the unlawful detainer action or three-day notice, in light of the litigation privilege of Civil Code section 47, subdivision (b). (Action Apartment, supra, 41 Cal.4th at pp. 1243-1252 [rent ordinance prohibiting landlord from maliciously serving eviction notice or bringing an action to recover possession without a reasonable and factual basis was preempted by litigation privilege of Civ. Code, § 47, subd. (b), as to unlawful detainer action, eviction notice, and other prelitigation communication relating to litigation that was contemplated in good faith—meaning not a hollow threat—and under serious consideration]; Feldman, supra, 160 Cal.App.4th at pp. 1486-1488 [litigation privilege applicable to unlawful detainer action and to three-day notice issued when the unlawful detainer action was contemplated in good faith, in the sense that it was seriously considered, whether or not the notice was based on facts the landlord had any basis to believe were true]; Bisno v. Douglas Emmett Realty Fund 1988 (2009) 174 Cal.App.4th 1534, 1552-1553 [95 Cal.Rptr.3d 492] [cause of action for wrongful eviction under rent ordinance was barred by litigation privilege to the extent it was based on landlord’s unlawful detainer action and three-day notice to quit, since the unlawful detainer was seriously contemplated when the notice was served, regardless of its merits or the landlord’s motive].)

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