Mendoza v. Gramse CA4/1
James Mendoza sued his landlord, Marilyn Gramse, for refusing to repair allegedly substandard conditions in her home (where he rented a room) and retaliating against him when he complained. Gramse responded with a cross-complaint alleging elder abuse and breach of the parties’ lease. Filing an anti-SLAPP motion, Mendoza claimed Gramse’s cross-claims were based on his protected prelitigation statements and conduct, including his threat to sue Gramse. Denying the motion, the trial court concluded that properly construed, Gramse’s cross-claims against Mendoza were based solely on unprotected activity. Rejecting Mendoza’s contentions on appeal, we agree with the trial court and conclude Mendoza did not meet his moving burden to show that Gramse’s causes of action arose out of activity that the anti-SLAPP statute protects. Accordingly, we affirm.
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