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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Appellant’s second cause of action is for malicious prosecution and specifically attacks respondents’ filing of the unlawful detainer action. The complaint states, “Defendant Windsor Twelve Properties filed an Unlawful Detainer against Plaintiff after she refused to pay an unlawful rent increase that exceeded the lawful rent by an estimated forty-four percent (44%). The Unlawful Detainer was brought against Plaintiff under her nickname and not her lawful name. The unlawful detainer [szc] was brought under the pretext that Plaintiff was a new tenant even though she had lived there for 18 years. Myers and the Resident Manager had personally been acquainted with Plaintiff herein for approximately 10 years and 18 years, respectively. The Unlawful Detainer was dismissed without' prejudice on the day of trial, in apparent recognition that the case lacked merit.”

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