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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As noted above, the filing of an unlawful detainer action and the service of a notice to quit are acts arising from protected activity under the anti-SLAPP statute. " 'But the mere fact an action was filed after protected activity took place does not mean it arose from that activity.' [Citation.] 'Moreover, that a cause of action arguably may have been "triggered" by *260protected activity does not entail that it is one arising from such. [Citation.] In the anti-SLAPP context, the critical consideration is whether the cause of action is based on the defendant's protected free speech or petitioning activity. [Citations.]' " ( *44Ulkarim v. Westfield LLC (2014) 227 Cal.App.4th 1266, 1275, 175 Cal.Rptr.3d 17 ; Clark , supra , 170 Cal.App.4th at p. 1284, 89 Cal.Rptr.3d 24.) The Just Cause Ordinance "permits a tenant to recover damages for ... a range of conduct that does not necessarily include filing a lawsuit to recover possession" ( Rental Housing Assn. of Northern Alameda County v. City of Oakland (2009) 171 Cal.App.4th 741, 767, 90 Cal.Rptr.3d 181 ), and here Winslett chose to avoid basing her claim on the eviction itself. The tenth cause of action focuses on the reasons Sagi "endeavor[ed] to recover possession" (see Oakland Mun. Code, § 8.22.360, subds. (A), (B)(2) ), not on the eviction proceedings. (See Clark , supra , 170 Cal.App.4th at p. 1284, 89 Cal.Rptr.3d 24 [allegation of fraud against landlord in suit by tenant for retaliatory eviction, where landlord lied about his intent to move a relative into rental unit subject to rent control and then evicted the tenant under the Ellis Act, thereby allowing the rent to be raised to market level, does not arise out of anti-SLAPP protected activity].)

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