Section 425

Citation: Section 425
Parent Document: 1100 PARK LANE ASSOCIATES v. Feldman, 74 Cal. Rptr. 3d 1 (2008)
Jurisdiction: California (state)
Effective Date: 2008-02-25
Original Source: https://www.courtlistener.com/opinion/2279577/1100-park-lane-associates-v-feldman/ ↗

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a landlord filed and served notice under the Ellis Act (Gov. Code, § 7060 et seq.) that it intended to remove units from the rental market. Tenants of the units sued for declaratory and injunctive relief, challenging the landlord’s right to invoke the Ellis Act to evict them and seeking a declaration of their rights under the act. The landlords brought an anti-SLAPP motion, contending the tenants’ suit arose from filing and serving the Ellis Act notices. The appellate court was willing to assume filing and service of the notices constituted protected free speech or petitioning activity, but concluded the landlord failed to show the suit arose from any act in furtherance of its right of petition or free speech. The court reasoned that simply because an action was filed after the service and filing of the notices, did not mean it arose from or was based on those protected activities. (Marlin, supra,

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