Marlin

Two tenants of the Lincoln Place Garden Apartments brought this action against their landlords for a declaration of the parties’ rights under the Ellis Act. The trial court dismissed the action after granting defendants’ motion to strike the tenants’ complaint as a SLAPP (strategic lawsuit against public participation.)

We address the following issues: (1) Did the landlords’ instigating eviction proceedings against the tenants after the judgment in this action moot the tenants’ appeal or their underlying action for a declaration of rights? (2) Did the landlords establish the tenants’ declaratory rights cause of action “arose from” actions by the landlords in furtherance of their constitutional rights of petition or free speech? (3) Did the tenants’ prayer for injunctive relief to prevent “defendants from evicting plaintiffs from their residence” subject this action to a motion to strike under the SLAPP statute? We answer each of these questions in the negative and therefore reverse the judgment.

FACTS AND PROCEEDINGS BELOW

Frieda and Leslie Marlin are among the last remaining tenants of the Lincoln Place Garden Apartments in the City of Los Angeles. Defendants are the…