Clark v. Mazgani, 170 Cal.App.4th 1281 (2009)
Posted: August 25, 2009 ~ Filed under: California Courts of AppealA tenant may sue a landlord for violating a rent control ordinance without threatening the landlord’s free speech rights, the Court of Appeal has held. The court ruled that the anti-SLAPP suit statute, Code of Civil Procedure § 425.16, does not apply to a suit alleging that a landlord evicted a tenant on the fraudulent premise that a family member would move into the apartment. “Terminating a tenancy or removing a property from the rental market are not activities taken in furtherance of the constitutional rights of petition or free speech.” [Download]