Oviedo v. Windsor Twelve Properties, LLC, 212 Cal. App. 4th 97 (2012)

Citation: Oviedo v. Windsor Twelve Properties, LLC, 212 Cal. App. 4th 97 (2012)
Parent Document: Oviedo v. Windsor Twelve Properties, LLC, 212 Cal. App. 4th 97 (2012)
Jurisdiction: California (state)
Effective Date: 2012-11-19
Original Source: https://www.courtlistener.com/opinion/5811531/oviedo-v-windsor-twelve-properties-llc/ ↗

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Our review of the record convinces us that respondents have failed to meet their burden of showing that the basis of this cause of action is an act in furtherance of their constitutional right to petition or free speech. Respondents assert that the 60-day notice of intent to increase rent, the three-day notice to pay or quit, and the unlawful detainer action all are protected petitioning activities triggering the anti-SLAPP statute. What respondents have failed to understand, however, is that appellant’s first cause of action is based, not on the unlawful detainer action and prior communications, but on respondent’s alleged violation of the RSO. In other words, respondents “were not sued for their conduct in exercising . . . constitutional rights” but for the *111underlying conduct of illegally raising appellant’s rent. (Santa Monica Rent Control Bd. v. Pearl Street, LLC, supra, 109 Cal.App.4th at p. 1318.) Respondents have not presented any authority supporting the assertion that their allegedly illegal raising of appellant’s rent is an act in furtherance of their rights of petition or free speech.

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