Olivares v. Pineda (2019)

Citation: Olivares v. Pineda (2019)
Parent Document: Olivares v. Pineda (2019)
Jurisdiction: California (state)
Effective Date: 2019-09-25
Original Source: https://www.courtlistener.com/opinion/4664364/olivares-v-pineda/ ↗

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        In light of our conclusion that the fourth cause of action does not arise out of
protected activity, we conclude the fifth cause of action is a so-called “mixed cause of
action” because it is based on incorporated allegations that include both unprotected
activity (misapplying the security deposit) and protected activity (prosecuting the
unlawful detainer). Because the allegations of protected activity do not merely provide
context, but also support a claim for recovery for breach of the covenant of quiet
enjoyment, this claim arises out of protected activity for purposes of the anti-SLAPP law.
(Baral, supra, 1 Cal.5th at pp. 394–396.)

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