1100 Park Lane Associates v. Feldman

Plaintiff and appellant 1100 Park Lane Associates (Park Lane) filed an unlawful detainer action against its tenant Peter Levis and Leviss subtenants, defendants and cross-appellants Konrad Feldman and Jennifer Foote-Feldman. The Feldmans filed a cross-complaint for damages against Park Lane, Walter Lembi and Andrew Hawkins (collectively Park Lane cross-defendants). Following dismissal of the unlawful detainer action upon Leviss giving up his tenancy and the Feldmans vacating the apartment, Park Lane cross-defendants filed a special motion to strike the cross-complaint pursuant to the provisions of Californias anti-strategic lawsuit against public participation (anti- SLAPP) statute (Code Civ. Proc., 425.16). The trial court granted the anti-SLAPP motion as to the Feldmans cause of action for retaliatory eviction and denied it as to the remaining six causes of action of the cross-complaint. Park Lane cross-defendants appeal from the denial of their motion as to the six causes of action. The Feldmans cross-appeal from the grant of the anti-SLAPP motion on the retaliatory eviction cause of action. We shall determine that the anti-SLAPP motion should have been granted as to all causes of action, except that of negligent misrepresentation.