Banuelos

The trial court dismissed Kevin Banuelos’s third amended complaint after sustaining the defendants’ demurrer to all causes of action without leave to amend. We hold the complaint states a cause of action for retaliatory eviction under Civil Code section 1942.5 and that this cause of action is not barred by the litigation privilege of Civil Code section 47, subdivision (b). We affirm the judgment as to the remaining causes of action.

FACTS AND PROCEEDINGS BELOW

Background: Banuelos I.

In 2008, Banuelos brought an action against the owners and managers of Park Granada, a mobilehome park in the City of Carson. Banuelos alleged that he was the owner of a mobilehome located on space 23 at Park Granada and that defendants refused to accept his application for tenancy of the space in violation of Civil Code section 798.74, which limits the right of a mobilehome park owner to refuse tenancy to a “purchaser” of a mobilehome in the park. According to Banuelos’s complaint, defendants refused to accept his rent applications for the space in order to force him to sell them his mobilehome for little or no consideration since it would be practically impossible for him to move it from…