1100 Park Lane Associates v. Feldman
160 CAL.APP.4TH 1467, 74 CAL.RPTR.3D 1, 2008 DAILY JOURNAL D.A.R. 3908, 08 CAL. DAILY OP. SERV. 3159, 2008.CA.0001691
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Publisher Description
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.