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
Original Source
https://www.courtlistener.com/opinion/5810370/wallace-v-mccubbin/ ↗

Other Sections in This Document (190)

Full Text

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Wallace and Owen also alleged that Victor Wu threatened to evict them because of Nemo, and they argue that this threat is not protected by the litigation privilege because no unlawful detainer action was ever filed on that ground. For McCubbin and Merck to be hable based on this threat by Victor Wu, however, Wallace and Owen would have to show that McCubbin and Merck were landlords (and Wu made the statement as their agent), or that McCubbin and Merck made the statement themselves (as agents of landlord Wu). They fail to present admissible evidence to support either proposition.