Thomas

Thomas v. Quintero

Caution
126 Cal. App. 4th 635·2005 Cal. App. LEXIS 188·2005 Daily Journal DAR 1534·24 Cal. Rptr. 3d 619
Court of Appeal of CaliforniaFebruary 4, 2005A103597California10,925 words

Opinion

Opinion

Ruvolo, J.

I.

Introduction

Appellant John Quintero (Quintero) appeals from the denial of his special motion to strike, brought under California’s anti-SLAPP statute (Code Civ. Proc., § 425.16), in response to respondent Richard E. Thomas’s (Thomas) petition seeking injunctive relief against civil harassment (§ 527.6). The conduct sought to be enjoined was demonstrating and leafleting by Quintero and others against Thomas’s alleged practices as a landlord of multiple rental units.

We reverse, holding that anti-SLAPP motions may be filed challenging petitions for injunctive relief brought under section 527.6, because they constitute “causes of action” under the anti-SLAPP law, and there is nothing in section 425.16 which would exempt such petitions from the broad reach of this remedial statute. However, the anti-SLAPP statute does not apply to a proceeding under section 527.6, subdivision (c), which is limited to determining whether an interim temporary restraining order (TRO) should be issued as a prelude to a hearing on the petition for injunctive relief.

We also conclude that Quintero satisfied his threshold burden of proving that the petition for a civil harassment injunction…

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