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Civil Litigation,
California Courts of Appeal

Jul. 22, 2014

Appellate split on whether breach of lease can be SLAPPed

How do you know what the gravamen of a complaint is for purposes of the anti-SLAPP statute? And are a notice of termination and an unlawful detainer action protected activities under the First Amendment?

Timothy D. Reuben

Founder and CEO
Reuben, Raucher & Blum

Phone: (310) 777-1990

Email: treuben@rrbattorneys.com

Reuben is the founder and CEO at Reuben Raucher & Blum. Alongside his extensive career as a civil litigator specializing in complex matters at both the trial and appellate level, he serves pro bono as a temporary judge and settlement officer for the Los Angeles Superior Court, as well as a fee arbitrator for the LA County Bar.

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How do you know what the gravamen of a complaint is for purposes of the anti-SLAPP statute (CCP Section 425.16)? And when can a landlord who properly evicts a tenant, who then sues for breach of contract, strike that lawsuit because a notice of termination and an unlawful detainer action are protected activities under the First Amendment? These are the questions that Justice Walter Croskey of the 2nd District Court of Appeal struggled with in reversing Los Angeles County Superior Court J...

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