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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Sagi insists that section 47, subdivision (b) applies to Winslett's eighth and fifteenth causes of action, citing two cases, both from this District, one from Division Two, Feldman v. 1100 Park Lane Associates (2008) 160 Cal.App.4th 1467, 74 Cal.Rptr.3d 1 ( Feldman ), and one from Division Five, Wallace v. McCubbin (2011) 196 Cal.App.4th 1169, 128 Cal.Rptr.3d 205 ( Wallace ), disapproved of on other grounds in Baral v. Schnitt (2016) 1 Cal.5th 376, 396, footnote 11, 205 Cal.Rptr.3d 475, 376 P.3d 604. Feldman was a case involving a luxury apartment in a building known as the Park Lane, at 1100 Sacramento Street in San Francisco. ( Feldman , at p. 1473, 74 Cal.Rptr.3d 1.) The Feldmans, a couple moving to the west coast from New York, attempted to sublet an apartment in the Park Lane and were told by Seigel, an attorney for the *41landlord, that their sublease application was conditionally approved, but they moved in only to discover that the landlord had not in fact approved the sublease and wanted substantially increased rent as the price of his assent. ( Id. at pp. 1473-1474, 74 Cal.Rptr.3d 1.) After what they claimed were harassing visits from a man named Hawkins who described himself as a " 'trouble shooter' " for the landlord, the Feldmans were served with a notice to quit and then named in an unlawful detainer action. ( Id. at pp. 1474-1475, 74 Cal.Rptr.3d 1.) Rather than fight the case, they moved elsewhere, mooting the unlawful detainer complaint. ( Id. at p. 1475, 74 Cal.Rptr.3d 1.)

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