Neufinck v. Fernandez CA2/7
Jens Neufinck sued his landlord, Maria Fernandez, and her three adult children (collectively Fernandez defendants) for breach of contract, violation of the Los Angeles Rent Stabilization Ordinance (RSO) (Los Angeles Mun. Code, § 151.00 et seq.), abuse of process and several related causes of action after Fernandez attempted to evict Neufinck for making unauthorized modifications to her property to provide a roaming area for his pet tortoises (including an emotional support tortoise). The trial court granted the Fernandez defendants’ special motions to strike the first amended complaint pursuant to Code of Civil Procedure section 425.16, ruling each of the seven causes of action arose from protected activity, which included the filing of an unlawful detainer action; Neufinck’s claims were barred in large part by the absolute litigation privilege (Civ. Code, § 47, subd. (b)); and he had otherwise failed to make a prima facie factual showing sufficient to sustain a favorable judgmen
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