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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (227)

Full Text

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Accordingly, Park Lane cross-defendants satisfied their burden under the first step of the anti-SLAPP statute by establishing that their communicative activity was protected activity under section 425.16 as to all except the negligent misrepresentation cause of action. As to that cause of action, neither the anti-SLAPP statute nor the litigation privilege would appear to apply, as the gravamen of the cause of action was not the eviction action or communications or conduct prepatory thereto, but the misleading statements and representations allegedly made to the Feldmans by Seigel as Park Lane’s agent, upon which they reasonably relied, to their detriment. (See discussion, post, at p. 1493.) C. Probability of Prevailing