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Analysis: Anti-Slapp Motions in Landlord Tenant Context

  C.C.P. section 425.16 allows for a special motion to strike “a cause of action against a person arising from any act of that person in furtherance of the person’s right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue.” (C.C.P. § 425.16, subd. (b)(1).) The court determines the merits of a SLAPP motion by undertaking a two-step analysis. First, the court decides whether the plaintiff’s cause of action arises from defendant’s protected activity. If the defendant fails to meet this threshold requirement, the SLAPP motion must be denied. If the trial court finds such a showing has been made, it must then determine whether the plaintiff demonstrated a probability of prevailing on the

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Posted in Anti- SLAPP, Commercial Real Estate, Leases, Litigation, Notice to Quit

Notices to Cure or Quit are Privileged and Cannot Form the Basis of Liability

If you are a landlord for either a residential or commercial property, odds are you have had to issue a 3-day notice to quit or a notice to cure default or quit. Such notices are protected and considered privileged pursuant to California Civil Code § 47(b). What this means is that such notices cannot be the basis for liability against you. Despite this, there seems to be an uptick in litigation based on exactly such notices.  In an effort to avoid eviction, tenants file lawsuits against their landlords alleging claims such as extortion and interference with business claims based on receipt of such notices. Generally, such claims are the result of inexperienced counsel for the tenants failing to understand that the notices constitute pre-litigation communications

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Posted in Anti- SLAPP, Litigation, Notice to Cure, Notice to Quit

Notice to Pay or Quit based on Reasonable Estimate of Rent Due in Commercial Unlawful Detainers

Last month we discussed the importance of properly serving a notice to pay rent or quit in a commercial unlawful detainer setting where the lease has specific notice provisions.  Another area where commercial and residential unlawful detainer actions differ is how a landlord may state a rent demand on the notice to pay rent or quit.  This is important because we handle both types of unlawful detainer cases in Los Angeles and our Los Angeles based unlawful detainer attorneys understand the intricacies of the statutory procedures for 3 day notices to pay rent or quit. Generally, a notice to pay rent or quit must state the precise amount of rent owed.  (Gages v. Bates (1870) 40 Cal. 384).  This requirement always applies in the residential unlawful detainer setting – any

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Posted in Commercial Lease Unlawful Detainer, Notice to Quit

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Zachary D. Schorr has been named to the Southern California Super Lawyers (Rising Stars) list for attorneys in Real Estate for 5 straight years - 2012, 2013, 2014, 2015 and 2016. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. In 2016 he was also included as one of the top 100 lawyers in Southern California in this category. The selection for this respected list is made by the research team at Super Lawyers.

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