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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Morrison v. Vineyard Creek L.P., 193 Cal. App. 4th 1254 (2011)

Citation
Morrison v. Vineyard Creek L.P., 193 Cal. App. 4th 1254 (2011)
Parent Document
Morrison v. Vineyard Creek L.P., 193 Cal. App. 4th 1254 (2011)
Jurisdiction
California (state)
Effective Date
2011-03-29

Other Sections in This Document (83)

Full Text

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Instructive in this regard is Feldman, supra, 160 Cal.App.4th 1467, which neither party has cited. There, a property owner filed an unlawful detainer action against its tenant and subtenants. (Id. at p. 1475.) The subtenants filed a cross-complaint for retaliatory eviction and numerous other causes of action, claiming among other things that the property owner’s agent had made the following threats before any litigation was actually filed: the agent had prosecuted hundreds of evictions, so he knew the landlord would win; regardless of the outcome, the subtenants would never be able to rent another apartment in San Francisco; he knew the law and discussed the case with his uncle, a federal judge; and the subtenants would not be able to file a lawsuit because they would not win. (Id. at pp. 1474-1475.) The property owner filed an “anti-SLAPP” (strategic lawsuit against public participation) motion to strike the cross-complaint under Code of Civil Procedure section 425.16, on the ground that the cross-complaint arose out of protected First Amendment activity and the alleged wrongdoing was protected by the litigation privilege (Civ. Code, § 47). (Feldman, supra, at pp. 1475-1476.)