Aron v. WIB Holdings

The trial court granted an anti-SLAPP motion on the grounds that plaintiff's action arose out of an underlying unlawful detainer action, which was protected petitioning activity under Code of Civil Procedure section 425.16, and that plaintiff could not establish a reasonable probability of prevailing on the merits because defendant's appeal of the underlying unlawful detainer judgment was pending at the time plaintiff filed the instant action and was still pending at the time of the hearing on the anti-SLAPP motion. The Court of Appeal held that the trial court abused its discretion by granting plaintiff's motion for a new trial on the basis of remittitur because it was not newly discovered evidence, and the subsequent accrual of plaintiff's cause of action was not a valid basis for reinstating his complaint. Therefore, the court reversed the order granting the motion for a new trial. The court affirmed the order and judgment granting the anti-SLAPP motion and dismissing the complaint where plaintiff's cause of action arose from protected activity, and plaintiff failed to demonstrate a reasonable probability of prevailing. View "Aron v. WIB Holdings" on Justia Law