Winslett v. 1811 27th Avenue, LLC (2018)

Citation: Winslett v. 1811 27th Avenue, LLC (2018)
Parent Document: Winslett v. 1811 27th Avenue, LLC (2018)
Jurisdiction: California (state)
Effective Date: 2018-08-15
Original Source: https://www.courtlistener.com/opinion/4526968/winslett-v-1811-27th-avenue-llc/ ↗

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case—we enforce consistency only when the rules of judicial or equitable estoppel demand
it.
       Accordingly, we conclude that the gravamen of Winslett’s tenth cause of action is
not rooted in the unlawful detainer action, in the notice to quit, or in any other protected free
speech or petitioning activity, but rather lies in the broader circumstances surrounding the
eviction, in particular all of the alleged pressure tactics designed to force Winslett to
abandon her apartment and cease making complaints about tenantability. Because
Winslett’s Just Cause Ordinance claim does not arise out of protected activity, there were no
grounds for striking it under the anti-SLAPP statute.
                                               III.
                           CONCLUSION AND DISPOSITION
       The trial court erred in striking Winslett’s eighth, tenth and fifteenth causes of action
under Code of Civil Procedure section 425.16, subdivision (b). We therefore reverse the
order granting Sagi’s anti-SLAPP motion, as well as the accompanying award of attorney
fees and costs.

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