However, the unlawful detainer action clearly arose out of Tenant's unprotected activity in failing to pay rent and CAM charges, rather than out of Tenant's protected petitioning activity in filing the prior lawsuit against Landlord.
Then, in response to the unlawful detainer complaint, Tenant filed a special motion to strike, asserting the unlawful detainer complaint arose out of Tenant's protected petitioning activity in filing the initial lawsuit.
Three weeks before Landlord filed the instant unlawful detainer action against Tenant for failure to pay rent and common area maintenance (CAM) charges, Tenant filed suit against Landlord for breach of the covenant of quiet enjoyment and negligent interference with prospective economic relations.
] a household word—at least in legal households” (Paterno v. The purpose of the unlawful detainer statutes “ ‘is to provide the landlord with a summary, expeditious way of getting back his property when a tenant fails to pay the rent or refuses to vacate the premises at the end of his tenancy.’ [Citations.]” (Board of Trustees of Leland Stanford Junior University v. App.4th 330, 338.) Here, however, Tenant succeeded in stalling the unlawful detainer action for a protracted period of time by bringing a meritless special motion to strike.
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Dedicated Tech Support Engineer Our tech support engineers are personally handling all tech support tickets. To help you get started you get 3 months of free tech support when you purchase.From 5-axis and 3-axis VMCs to the two and three-meter double column machines, horizontals, and specialty zone machines, Hurco has a CNC mill that will make your operation more productive and profitable.Delivering machining centers that are rigid and reliable is a given.For these reasons, we affirm the trial court's order denying Tenant's special motion to strike and imposing monetary sanctions against Tenant for filing a frivolous special motion to strike. The gravamen of the action was that Landlord had leased a space “to a pizza and Italian Restaurant, which for the last 18 months has been taking all of the parking spaces in the shopping center,” resulting in Tenant's customers being unable to patronize its business.2. Landlord's unlawful detainer action against Tenant. On November 5, 2014, Landlord filed the instant unlawful detainer action against Tenant, seeking possession of the premises, past due rent of ,940, past due CAM charges of ,856, and attorney fees.b. On November 10, 2014, Tenant filed a special motion to strike the unlawful detainer complaint.Tenant asserted it “has a present pending lawsuit against [Landlord] and ․ the subject matter of that litigation is the basis for this unlawful detainer action.” Tenant requested judicial notice of the complaint it filed against Landlord on October 15, 2014, and contended Landlord brought the unlawful detainer complaint “because [Tenant] ․ has exercised its rights to seek redress for a wrong in the court system and use its right of freedom of speech.”c. Aruba reserves the right to verify the details provided in the voucher application form and suspend the free credit (or cancel it, if already provided) at any time in case of anomaly.