New Trial Motion Can't Save Unripe Claim from SLAPP Motion

Aron v. WIB Holdings, No. B271271 (D2d2 Mar. 28, 2108)

Plaintiff in this case won an unlawful detainer trial against his Landlord. While that was on appeal, he sued Landlord for damages under a Santa Monica rent control ordinance that offers a private damages remedy against any landlord who brings a UD action in bad faith. Landlord filed an anti-SLAPP motion. The case clearly arose from the UD action, so it arose from protected activity. And since the Santa Monica ordinance specified on it face that a favorable termination of the UD case was a condition to recovery, the trial court granted the motion, because Plaintiff couldn’t show that he was likely to succeed.