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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The court in Birkner also distinguished DFEH, Marlin, and Pearl Street, on the ground that the causes of action in Birkner did not challenge the validity of the Rent Ordinance or any activity by the landlord that preceded the service of the termination notice. Instead, they premised liability under the Rent Ordinance on the termination notice. (Birkner, supra, 156 Cal.App.4th at p. 283 & fn. 3.) Here too, the complaint does not challenge the validity of the Rent Ordinance, but contends the Rent Ordinance was violated by the three-day notice and the unlawful detainer action. To the extent the complaint also attacks some of the alleged acts of McCubbin and Merck that preceded the filing of the three-day notice and unlawful detainer action, those earlier acts are not in connection with a judicial proceeding and do not fall within the scope of section 425.16, subdivision (e)(1) or (2). But that does not change the fact that the most obvious bases for the cause of action—the three-day notice and unlawful detainer action—are acts in connection with a judicial proceeding and accordingly constitute protected activity and bring the cause of action under the ambit of the anti-SLAPP statute.

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