Metcalf

Metcalf v. U-Haul International, Inc.

Good Law
118 Cal. App. 4th 1261·13 Cal. Rptr. 3d 686·2004 Cal. App. LEXIS 790·2004 Daily Journal DAR 6176·2004 Cal. Daily Op. Serv. 4499
Court of Appeal of CaliforniaMay 24, 2004G031613California1,998 words

Opinion

Opinion

Sills, J.

U-Haul International, Inc. (U-Haul) appeals from the order of the superior court denying its motion to strike under the anti-SLAPP (strategic lawsuit against public participation) statute. (Code Civ. Proc., § 425.16.) U-Haul contends the trial court erred in its determination that the complaint against it by Robert Metcalf did not arise out of an act in connection with an issue of public interest. We affirm.

FACTS

Metcalf filed a complaint, “individually, on behalf of the Public, and on behalf of all others similarly situated,” alleging that he rented a storage unit at the U-Haul storage facility in Tustin. The U-Haul employee represented that the unit he rented was four feet by five feet in size. Metcalf executed a rental contract, which also specified that the room size of the storage unit was four feet by five feet. Subsequently, Metcalf measured the storage unit and found it to be “significantly less than the 4’ x 5’ interior dimensions represented by U-Haul.”

Metcalf alleged, “U-Haul advertises the size of its self-storage units through its website, on placards located in its individual self-storage facilities, on its customer contracts, through brochures…

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