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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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case was privileged under Civil Code section 47, subdivision (b), is a question of fact precluding a determination that they had failed to make a prima facie showing of likelihood of success. The Feldmans are mistaken. The question of fact is not whether the service was malicious or done with a bad intent or whether it was done based upon facts the landlord has no reasonable cause to believe to be true. Rather, the factual question identified by the Supreme Court is “[w]hether a prelitigation communication relates to litigation that is contemplated in good faith and under serious consideration . . . .” {Action Apartment, supra,