Ahdoot v. 10811 Ashton Apartments
Jason Ahdoot, Mahnaz Hendifar, and Paul Hendifar appeal from the order granting the special motion of respondents, 10811 Ashton Apartments, a California Limited Partnerhsip (Ashton), Ishak Bibawi and Soraya Soltani, to strike four causes of action of the complaint and the order for related attorney fees pursuant to the SLAPP statute. (Code Civ. Proc., 426.16 et seq.)
SLAPP is an acronym for strategic lawsuits against public participation. A cause of action against a person arising from any act of that person in furtherance of the persons right of petition or free speech under the United States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.[2]( 425.16, subd. (b)(1).)
Appellants contend reversal of the order granting the SLAPP motion is compelled, because although service of a three-day notice to pay rent or quit (Three-Day Notice) constitutes activity protected under the SLAPP statute, the stricken causes of action did not arise from the notice but from respondents unprotected activities. They challenge the related order awarding respondents attorney fees and costs as prevailing defendants solely on the ground that reversal of the order granting the motion to strike mandates reversal of the order for attorney fees and costs.
Court conclude the stricken causes of action arose primarily from respondents service of the Three-Day Notice and the exercise of their right to freedom of speech, both activities protected under the SLAPP statute. The orders striking the first, second, fifth and sixth causes of action and awarding attorney fees and costs were thus correct. Court therefore affirm both orders.
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