Civil Litigation,
California Courts of Appeal
Jul. 22, 2014
Appellate split on whether breach of lease can be SLAPPed
How do you know what the gravamen of a complaint is for purposes of the anti-SLAPP statute? And are a notice of termination and an unlawful detainer action protected activities under the First Amendment?
Timothy D. Reuben
Founder and President of Reuben Raucher & Blum and the Founder of Reuben Mediation
Email: treuben@rrbattorneys.com
Timothy D. Reuben is a mediator, litigator and author who focuses on resolving complex civil disputes in state and federal courts, as well as in arbitration and mediation. He is also the author of "Tequila, a Story of Success, Love & Violence," a legal novel inspired by real world legal practice that explores power, loyalty and the human dynamics that drive conflict.
How do you know what the gravamen of a complaint is for purposes of the anti-SLAPP statute (CCP Section 425.16)? And when can a landlord who properly evicts a tenant, who then sues for breach of contract, strike that lawsuit because a notice of termination and an unlawful detainer action are protected activities under the First Amendment? These are the questions that Justice Walter Croskey of the 2nd District Court of Appeal struggled with in reversing Los Angeles County Superior Court J...
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