Monday, December 15, 2014

Anti-anti-SLAPP Sanctions

Ben-Shahar v. Pickart, No. B250728 (D2d1 Nov. 24, 2014)

As is well-settled, actions challenging wrongful evictions generally do not arise from protected activity for the purposes of the anti-SLAPP analysis, even though the eviction and unlawful detainer processes involve certain litigation-related conduct, like servicing a notice to quit. Numerous published cases explain that unless the sole basis of liability asserted in a complaint is the landlord’s prosecution of an unlawful detainer action, the complaint does not fall within the ambit of the anti-SLAPP statute. Defendant here did not heed this advice. For that—on top of a published opinion affirming the denial of their anti-SLAPP motion—he also gets a remand for the trial court to decide whether to order him to pay plaintiff’s fees because the motion was effectively frivolous.

Affirmed in part.

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