Copenbarger v. Morris Cerullo World Evangelism
Paul D. Copenbarger, acting individually and derivatively on behalf of Newport Harbor Offices & Marina, LLC (NHOM), appeals from the order granting the special motion to strike his complaint pursuant to the anti‑SLAPP statute, Code of Civil Procedure section 425.16 (further code references are to the Code of Civil Procedure unless otherwise specified).[1]
NHOM is the sublessee, and defendant/respondent Morris Cerullo Worldwide Evangelism (Cerullo) is the sublessor under a sub‑ground lease of real property in Newport Beach. After Cerullo served NHOM with a three‑day notice to cure or quit, Copenbarger filed a complaint asserting causes of action against Cerullo, Plaza del Sol Real Estate Trust (Plaza del Sol), Roger Artz, Dennis A. D’Alessio, and Vertical Media Group, Inc. (VMG) (collectively, Respondents), for declaratory relief, breach of contract, and intentional interference with contract.[2] Soon thereafter, Cerullo filed an unlawful detainer action against NHOM, and all Respondents brought their successful anti-SLAPP motion to strike Copenbarger’s complaint.
The dispositive issue on appeal is whether the causes of action asserted in Copenbarger’s complaint arose out of Cerullo’s petitioning activity—protected under section 425.16, subdivision (b)(1)—of service of the three‑day notice to cure or quit and the subsequent unlawful detainer action. We conclude that while the three‑day notice might have triggered the complaint, the evidence in the record demonstrates the complaint was based on an underlying dispute over NHOM’s repair and maintenance obligations under the sublease and other unprotected activities. We therefore reverse the order granting the anti‑SLAPP motion and the order awarding Respondents attorney fees.
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