Berry v. Rivergate of Santa Maria, LLC CA2/6
Respondent Rivergate of Santa Maria, LLC (Rivergate) notified visitors at its Santa Maria Pines Campground that the park was sold and slated for closure. The resident manager and two park visitors, appellants here, sued Rivergate. They alleged that Rivergate’s notice violated unlawful detainer procedure, the Consumer Legal Remedies Act and the Recreational Vehicle Park Occupancy Law (RVPOL).
Rivergate cross-complained against appellants, who moved to strike the cross-complaint as a Strategic Lawsuit Against Public Participation (SLAPP). (Code Civ. Proc., § 425.16.) The trial court granted the motion in part.
We conclude that the anti-SLAPP law does not apply to the causes of action at issue here, which are compulsory cross-claims related to the subject matter being litigated in the complaint. (§ 426.30.) Rivergate’s claims arose from appellants’ prelitigation conduct. The claims had to be asserted by cross-complaint or be forfeited. We affirm.
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