Goens v. Monsef CA4/1
Reza Monsef entered into a lease with Joshua Goens for certain commercial property. Subsequently, Monsef and Goens disagreed regarding what was promised under the lease, including whether Monsef was to operate a car dealership on the entire property. Goens began the eviction process to remove Monsef from the property. In response, Monsef told Goens that he would bring a civil suit if Goens proceeded with an unlawful detainer action. Four days after Goens filed an unlawful detainer action, Monsef sued Goens, alleging, among other things, that Goens made certain misrepresentations during the negotiation of the lease.
In response to Monsef’s complaint, Goens brought a special motion to strike the complaint under the anti-SLAPP (Strategic Lawsuit Against Public Participation) statute, Code of Civil Procedure section 425.16. The court denied the motion, finding the complaint was not based on Goens’s right to petition the court or bring an unlawful detainer action.
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