Garnet v. Ito
The performance or promotion of acts of prostitution is not protected by either the free expression provisions of the state Constitution or the free speech provisions of the federal Constitution. Thus, the unlawful detainer action the plaintiff and respondent in this case, a commercial landlord, brought against its tenant on the grounds the tenant had been operating a house of prostitution on the leased premises was not subject to a motion to strike under our anti-SLAPP statute, Code of Civil Procedure section 425.16. Accordingly, Court affirm the trial court's order denying defendant and appellant's motion to strike.
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