A tenant’s claim for the landlord’s violating Civ. Code 1942.5 by retaliating against her for complaining about her apartment’s uninhabitability was not subject to being stricken under the Anti-SLAPP statute. Though the landlord’s service of a 3-day notice to quit and filing of an unlawful detainer action was protected activities, the tenant made the required prima facie showing of the merit of her suit. Civ. Code 1942.5(d) and (h) which grant the tenant a cause of action for the landlord’s retaliatory eviction create an implied exception to the litigation privilege since otherwise the anti-retaliation statute would be rendered toothless. The trial court also erred in striking the tenant’s claim for violation of Oakland’s Just Cause for Eviction ordinance since that claim was based on the landlord’s conduct taken before he engaged in the Anti-SLAPP protected activity of serving the 3-day notice and filing the unlawful detainer action.
California Court of Appeal, First District, Division 4 (Streeter, Acting P.J.); August 15, 2018; 2018 Cal. App. LEXIS 723