Ramos v. U.S. Bank National Assn.
Plaintiffs Anthony and Isabelle Ramos sued U.S. Bank National Association (the Bank), the Endres Law Firm, and David Endres alleging that an unlawful detainer action filed against the Ramoses by the firm on behalf of the Bank was brought maliciously, without probable cause. The Ramoses also alleged that the Bank and the Endres firm violated the Unfair Business Practices Act (Bus. & Prof. Code §§ 17200 et seq.) by engaging in a pattern and practice of filing unfounded and malicious unlawful detainer actions in disregard of tenants’ rights. Endres filed a special motion to strike the complaint, and the Bank brought a special motion to strike the malicious prosecution cause of action. The trial court granted both motions and dismissed the action in its entirety. We affirm, except with respect to the order striking the Ramoses’ cause of action for unfair business practices against the Bank; this was error because the Bank did not file a motion to strike that cause of action.
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