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California Court of Appeal


Oviedo v. Windsor Twelve Properties, LLC., B237756

In plaintiff's complaint against her landlord and others alleging various causes of action stemming from an action for unlawful detainer against her, trial court's grant of defendants' motion to strike each cause of action pursuant to the anti-SLAPP statute is reversed in part where: 1) the defendants have not met their threshold burden of showing that plaintiff's first cause of action for a violation of the city's Rent Stabilization Ordinance was based on a protected activity covered by the anti-SLAPP statute; and 2) plaintiff has sufficiently shown that her malicious prosecution claim, based on defendants' filing of the unlawful detainer action, has the "minimal merit" necessary to defeat their anti-SLAPP motion.

Appellate Information

  • Decided 12/18/2012
  • Published 12/18/2012

Judges

  • Croskey

Court

  • California Court of Appeal

Counsel

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