Nichols v. Strehlow CA1/5
Mark Strehlow appeals from the denial of his special motion to strike under the anti-SLAPP (strategic lawsuit against public participation) statute. (Code Civ. Proc., § 425.16.) Strehlow rented an apartment in San Francisco owned by Mary Nichols. When Nichols informed Strehlow she intended to sell his apartment, Strehlow claimed to be a disabled tenant. Nichols filed a lawsuit seeking, among other things, a judicial declaration Strehlow was not disabled. Strehlow filed a special motion to strike the complaint, which the trial court denied. Strehlow contends the trial court erred because his disability claim was protected activity within the meaning of the anti-SLAPP statute. Strehlow also contends Nichols cannot establish a probability of prevailing on the merits. We affirm.
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