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/ ↗

Full Text

701 chars

*1214Based on the material submitted to the trial court, Victor Wu served the three-day notice, which was premised on the ground that Wallace and Owen wrongfully had three adults living in the premises, as a precursor to his filing the unlawful detainer action, which was premised on the same ground. While there may be evidence that Wu’s motive was not pure and the lawsuit was meritless, there is no evidence that the service of the three-day notice was a hollow threat or unconnected to the unlawful detainer proceedings. The litigation privilege therefore applies to bar the cause of action. (Action Apartment, supra, 41 Cal.4th at pp. 1243-1252; Feldman, supra, 160 Cal.App.4th at pp. 1486-1488.)

Other Sections in This Document (190)

Full Text