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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The negligence cause of action asserted that plaintiff had breached its duty of care by the “acts or omissions alleged herein.” The acts and omissions referenced are Hawkins’s statements, service of the notice to quit and the filing of the unlawful detainer. In their supplemental letter brief, the Feldmans contend that the duty was breached by “the heavy-handed tactics employed by Hawkins to get the Feldmans to move out, or pay higher rent.” As we have determined that Hawkins’s threats were protected communications, the litigation privilege provides a defense to the negligence cause of action. The Feldmans failed to demonstrate a likelihood of prevailing on this cause of action. Third Cause of Action—Negligent Misrepresentation.

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