Oviedo v. Windsor Twelve Properties, LLC
212 Cal. App. 4th 97
Cal. Ct. App.2012Background
- Oviedo appeals an order granting anti-SLAPP dismissal of her complaint.
- Windsor Twelve Properties increased apartment J’s rent by about 44% effective January 1, 2011 under the RSO, prompting litigation.
- LAHD considered appellant resided at apartment J prior to 1996, challenging the rent increase and seeking lease evidence.
- An unlawful detainer action was filed and later dismissed without prejudice on the trial date.
- Appellant’s complaint asserted RSO violation, malicious prosecution, abuse of process, and emotional distress; the trial court struck all claims as arising from protected activity.
- This court reverses the order in part, finding the first RSO claim and the malicious prosecution claim were not properly struck, remanding for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does RSO violation arise from protected activity for anti-SLAPP purposes? | Oviedo argues unlawful rent increase violates RSO, not protected activity. | Windsor argues conduct relates to petitioning/notice actions. | No, first cause of action not arising from protected activity. |
| Did Oviedo show a probability of prevailing on malicious prosecution? | Oviedo shows probable malice, lack of probable cause, and favorable termination. | Respondents argue no favorable termination and no probable cause. | Yes, she showed minimal merit to defeat anti-SLAPP on malicious prosecution. |
Key Cases Cited
- Santa Monica Rent Control Bd. v. Pearl Street, LLC, 109 Cal.App.4th 1308 (Cal. App. 2003) (arising-from analysis; not all protected activity automatically triggers SLAPP)
- Navellier v. Sletten, 29 Cal.4th 82 (Cal. 2002) (requires prima facie showing; independent judgment review)
- Paiva v. Nichols, 168 Cal.App.4th 1007 (Cal. App. 2008) (probable cause and merit evidence required beyond pleadings)
- Bisno v. Douglas Emmett Realty Fund, 174 Cal.App.4th 1534 (Cal. App. 2009) (probable cause and litigation privilege in context of malicious prosecution)
- Sycamore Ridge Apartments LLC v. Naumann, 157 Cal.App.4th 1385 (Cal. App. 2007) (favorable termination and malice analysis in malicious prosecution)
- Albertson v. Raboff, 46 Cal.2d 375 (Cal. 1956) (malice/intent standard in initiating suits)