C & C Dev., Inc. v. CBS Outdoor, Inc.
Landlord C & C Development, Inc., and tenant CBS Outdoor, Inc., are the successors to a lease whereby tenant rented a portion of landlord’s property to operate a billboard. Landlord sued tenant for unlawful detainer, claiming tenant had not paid rent or utilities due under the lease. Tenant abandoned the premises and tried to remove its billboard, which belonged to tenant under the terms of the lease. Landlord prevented tenant from re-entering the premises to remove the billboard, claiming ownership of the billboard.
The original unlawful detainer action was dismissed without prejudice, and landlord then filed this lawsuit, seeking damages for unpaid rent and trespass. Tenant filed a cross-complaint for conversion and declaratory relief, to determine ownership of the billboard. The cross-complaint summarized the previous unlawful detainer litigation between the parties. On this basis, landlord filed a special motion to strike the claim for conversion, asserting it arose from landlord’s protected activity in filing the unlawful detainer action. The trial court denied the motion, finding the gravamen of the cross-complaint was not the filing of the unlawful detainer, but ownership of the billboard. We agree, and affirm the order below.
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