California Court of Appeal

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Olive Properties v. Coolwater Enterprises, Inc., B261105

In an unlawful detainer action involving a commercial lease, the trial court's denial of tenant-defendant's special SLAPP motion to strike the complaint and award of attorney fees to landlord-plaintiff as sanctions for the expense of responding to the special motion to strike, are affirmed where: 1) the court properly found that tenant's special motion to strike was clearly without merit and was brought for the purpose of stalling the unlawful detainer action; and 2) there is no question but that the landlord's unlawful detainer action arose out of tenants' alleged nonpayment of rent and CAM charges, not out of its protected activity in filing the earlier lawsuit.

Appellate Information

  • Decided 10/30/2015
  • Published 10/30/2015

Judges

  • EDMON

Court

  • California Court of Appeal

Counsel