Clark v. Mazgani
A landlord successfully evicted a long-term tenant from a rent-controlled apartment, ostensibly to free the unit for occupancy by the landlords daughter. The landlords daughter never moved in, and the tenant sued the landlord for fraud and unlawful eviction, and failure to pay relocation expenses. The landlord responded with a special motion to strike (Code Civ. Proc., 425.16), arguing the tenants complaint arose from the landlords acts or statements in furtherance of her constitutional rights. The trial court agreed, and granted the motion. Court conclude the tenants claims did not arise from a protected activity they are based on the landlords violation of rent control laws, not on actions in furtherance of the right of free speech or petition. Accordingly, Court reverse.
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