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
Reuben MediationTim Reuben spent more than 40 years handling complex legal disputes in California's state and federal courts. As the founder and managing partner of Reuben Raucher & Blum in Los Angeles, he has worked on a wide range of matters through jury and bench trials, arbitration, mediation, judicial reference, and settlement conferences across multiple areas of civil law, including commercial, real estate, construction, employment, intellectual property, insurance, professional liability, and unfair competition.
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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