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
Original Source: https://www.courtlistener.com/opinion/5810131/morrison-v-vineyard-creek-lp/ ↗

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The Court of Appeal in Feldman held that the threats by the property owner’s agent were within the scope of the anti-SLAPP statute, as communications in connection with an ongoing dispute and in anticipation of litigation. (Feldman, supra, 160 Cal.App.4th at p. 1481; see Code Civ. Proc., § 425.16, subd. (e).) The court further held that the alleged threats were *1270absolutely privileged under Civil Code section 47, as prelitigation communications relating to litigation that is contemplated in good faith and under serious consideration. (Feldman, supra, at pp. 1487, 1489.) The court explained: “Whether taken individually or as a whole, [the owner’s agent’s] statements were clearly connected to and made in anticipation of the eviction action they threatened. Whether done maliciously or without reasonable grounds to believe that the [subtenants] were unlawful occupants of the premises, the statements were privileged.” (Id. at p. 1489, italics added.) The court held that the subtenants’ retaliatory eviction claim had no merit and was properly stricken, in part because the property owner had not taken any action or made any statements independent of the eviction litigation and the assertion of the right to occupy the apartment, such that all the bases for the retaliation claim were privileged. (Id. at p. 1492.)9

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