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An action by tenants seeking declaration of their rights under the Ellis Act filed after they received notice to quit is not necessarily based on the landlord's service of notice so as to support a SLAPP motion to strike. [Marlin v Aimco Venezia, LLC (2007) 154 CA4th 154, 160–162.] In contrast, if the sole basis of liability in a tenant's action is the service of a termination notice and the landlord's refusal to recognize the tenant as a protected household under the local ordinance, but not, e.g., a challenge to the validity of the ordinance, the complaint arises from activity protected under the anti-SLAPP statute. [Birkner v Lam (2007) 156 CA4th 275, 281, 283.] |
TIP