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 Feldmans assert their cause of action for negligent misrepresentation was not based on Hawkins’s statements, service of the notice to quit, or the filing of the eviction action, but upon Seigel’s approval of the sublease as an agent for Park Lane cross-defendants. The cross-complaint alleged Seigel represented that the sublease was approved, subject only to Levis and the Feldmans signing the Addendum and returning it to Seigel, that the representations were made without reasonable grounds for believing them to be true, were not true, and that they were made with the intent to induce the Feldmans to move into Park Lane. It further alleged that the Feldmans relied upon the representations and, by doing so, suffered damage as a result. Konrad Feldman’s declaration sets forth the damages allegedly caused by this negligent misrepresentation. This cause of action does not appear to be based upon the communications or communicative conduct covered by the litigation privilege. The trial court properly found the Feldmans had made their prima facie case of likelihood of success as to the negligent misrepresentation cause of action. Fifth Cause of Action—Wrongful Eviction.

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