Perry v. Xenon Investment CA2/3
Plaintiffs Andre’ and Tiffany Perry (plaintiffs) appeal from the trial court’s order granting defendant-landlords’ special motion to strike plaintiffs’ cause of action for retaliatory eviction as a strategic lawsuit against public participation (Code Civ. Proc., § 425.16 (the anti-SLAPP statute). Plaintiffs contend that their cause of action did not arise from defendants’ protected activity of serving a notice to quit and filing an unlawful detainer action, but instead was based on defendants’ unlawful, retaliatory motive for evicting plaintiffs. Plaintiffs further contend that they carried their shifted burden to demonstrate a likelihood of prevailing on the merits. We discern no trial court error and affirm the order.
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