Navarro

Navarro v. IHOP PROPERTIES, INC.

Good Law

134 Cal. App. 4th 834·2005 Cal. App. LEXIS 1876·2005 Daily Journal DAR 1473·36 Cal. Rptr. 3d 385·2005 Cal. Daily Op. Serv. 10357

Court of Appeal of CaliforniaNovember 7, 2005G034987California3,992 words

Opinion

Moore, J.

IHOP Properties, Inc. appeals an order denying its special motion to strike Flora C. Navarro’s complaint pursuant to Code of Civil Procedure section 425.16. We find that the special motion to strike should have been granted because Navarro’s claim arises from litigation activity and she is barred from prevailing on the merits. We therefore reverse and remand with directions for the trial court to dismiss the complaint.

I

FACTS

On August 14, 2003, IHOP Properties, Inc. (IHOP) filed suit against Navarro for unlawful detainer of an International House of Pancakes restaurant in Irvine. IHOP alleged that Navarro had breached a sublease and related franchise documents and that she was more than $23,000 in arrears on rent. The unlawful detainer complaint requested possession of the premises, a declaration that Navarro had forfeited her rights under the sublease, and damages.

According to Navarro, she contacted IHOP after the unlawful detainer complaint was filed to discuss her attempts to sell the franchise, but IHOP would not discuss the matter with her unless she agreed to settle the unlawful detainer lawsuit and stipulate to judgment. The stipulated judgment was filed on…

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