Pickart v. Ben-Shahar
Plaintiff and appellant Stephanie Pickart filed a complaint against defendant and respondent Adi Ben-Shahar (Shahar), alleging causes of action for intentional and negligent infliction of emotional distress stemming from his alleged failure to vacate a rental property in accordance with a local ordinance. The trial court granted Shahar’s special motion to strike the complaint pursuant to Code of Civil Procedure section 425.16, the anti-SLAPP statute.[1] It ruled the complaint involved protected activity because Shahar’s conduct in failing to vacate the property was related to a pending unlawful detainer action, and appellant failed to establish a probability of prevailing.
We reverse. Guided by Clark v. Mazgani (2009) 170 Cal.App.4th 1281, 1284 (Clark), “[w]e conclude [appellant’s] claims did not arise from a protected activity—they are based on [Shahar’s] violation of rent control laws, not on actions in furtherance of the right of free speech or petition.”

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