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New Cases of Interest - January 29, 2013
Oviedo v. Windsor Twelve Properties, LLC (2012) 212 Cal.App.4th 97. This is another case which arises under CCP §425.16, the anti-SLAPP statute. In this case a tenant sued her landlord, contending that the landlord was in violation of the Rent Stabilization Ordinance in Los Angeles, as well as other claims. Landlord sought to have the complaint struck under the anti-SLAPP statute, and the trial court agreed.
The court of appeal however reversed the dismissal with respect to the alleged violation of the Rent Stabilization Ordinance and also certain claims related to malicious prosecution. The court held that the SLAPP statute did not apply to the Rent Stabilization Ordinance claim because the claim itself was based on the alleged underlying conduct of illegality in the landlord raising the tenant's rent rather than on the landlord's unlawful detainer action or any prior communications from the landlord. Raising the rent is not an action which involves protected speech or petitioning activity. Additionally, the tenant's malicious prosecution claim, which was based on the unlawful detainer action, should have survived because the tenant showed a probability of prevailing on that claim.