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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Wallace , another anti-SLAPP case involving a statutory retaliatory eviction claim, adopts the same holding without independent analysis. ( Wallace , supra , 196 Cal.App.4th at pp. 1214-1215, 128 Cal.Rptr.3d 205.) Of Wallace , the Banuelos court observes that, "[l]ike Feldman, ... [it] did not discuss or analyze Action Apartment and the litigation privilege nor did it distinguish between a city ordinance and a state statute when resolving the conflict issue." ( Banuelos , supra , 219 Cal.App.4th at p. 333, 161 Cal.Rptr.3d 772.) Although it is probably an overstatement to say that neither case discusses or analyzes Action Apartment -that is true of Wallace , but Feldman does address Action Apartment at some length ( Feldman , supra , 160 Cal.App.4th at pp. 1486-1487, 74 Cal.Rptr.3d 1 )-the problem with Feldman is that its analysis is incomplete. It discusses Action Apartment but never considers the issue of conflict with a coequal statute, a key limiting principle to the Action Apartment holding. The reasoning in Wallace is even more truncated. In a discussion dealing with a rent ordinance claim ( Wallace, supra , at pp. 1212-1213, 128 Cal.Rptr.3d 205 ), it string cites Action Apartment , Feldman , and Bisno v. Douglas Emmett Realty Fund 1988 (2009) 174 Cal.App.4th 1534, 95 Cal.Rptr.3d 492 -a case that does not involve the issue of statutory conflict or section 1942.5-and then later, in a brief section dealing separately with the retaliatory eviction claim ( Wallace, at pp. 1214-1215, 128 Cal.Rptr.3d 205 ), refers back to its prior rent ordinance discussion, finally concluding with the categorical announcement that bringing an eviction action and serving a notice to quit are "acts ... subject to the absolute privilege of Civil Code section 47, subdivision (b)." ( *42Id. at p. 1215, 128 Cal.Rptr.3d 205.) Suffice it to say we find neither of these cases persuasive. Instead, we opt to follow the more recent and in our view better reasoned opinion in Banuelos . 5. Agreement to Vacate

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