Section 1942

Citation: Section 1942
Parent Document: Winslett v. 1811 27th Ave., LLC, 237 Cal. Rptr. 3d 25 (2018)
Jurisdiction: California (state)
Effective Date: 2018-08-15
Original Source: https://www.courtlistener.com/opinion/6239848/winslett-v-1811-27th-ave-llc/ ↗

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The filing of an unlawful detainer complaint is anti-SLAPP protected activity, as is service of a notice of termination preceding an unlawful detainer complaint. ( Clark v. Mazgani (2009) 170 Cal.App.4th 1281, 1286, 89 Cal.Rptr.3d 24 ( Clark ); Birkner v. Lam (2007) 156 Cal.App.4th 275, 281-282, 67 Cal.Rptr.3d 190.) Because Winslett concedes that the eighth and fifteenth claims are founded on protected activity-as she must in the face of this *249precedent, since "bring[ing] an action to recover possession" and "threaten[ing] to" bring such an action by notice to quit are elements of these claims, as pleaded (see Civ. Code, § 1942.5, subd. (d) )-our examination of the trial court's order striking them will focus on the court's second prong conclusion that she failed to demonstrate a probability of prevailing.

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