Berry v. Locke CA2/6
Respondent Robert B. Locke served appellants Dana and Patricia Berry with three-day notices to pay rent and quit their space at Rivergate RV Park in Santa Maria. Rivergate is a client of Locke and his law firm. Appellants filed this putative class action against Locke, alleging that the notices violated the federal and California Fair Debt Collection Practices (FDCP) Acts and the California Consumer Legal Remedies Act (CLRA).
Locke moved to strike appellants’ lawsuit as a Strategic Lawsuit Against Public Participation (SLAPP). (Code Civ. Proc., § 425.16.) The anti-SLAPP law directs courts to strike causes of action arising from a defendant’s exercise of First Amendment rights to petition or to free speech, unless the plaintiff shows a likelihood of prevailing on the claim. (Id., subd. (b)(1); Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 67.) The trial court granted Locke’s motion.
Comments on Berry v. Locke CA2/6