Mazgani

SUMMARY

A landlord successfully evicted a long-term tenant from a rent-controlled apartment, ostensibly to free the unit for occupancy by the landlord’s daughter. The landlord’s daughter never moved in, and the tenant sued the landlord for fraud and unlawful eviction, and failure to pay relocation expenses. The landlord responded with a special motion to strike (Code Civ. Proc., § 425.16), arguing the tenant’s complaint arose from the landlord’s acts or statements in furtherance of her constitutional rights. The trial court agreed, and granted the motion. We conclude the tenant’s claims did not arise from a protected activity — they are based on the landlord’s violation of rent control laws, not on actions in furtherance of the right of free speech or petition. Accordingly, we reverse.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant and Appellant Mahvash Mazgani owns a triplex in the Westwood area of the City of Los Angeles. The property is subject to the Rent Stabilization Ordinance of the City of Los Angeles (RSO), which restricts the circumstances in which a landlord may effect an eviction. (L.A. Mun. Code (LAMC), § 151.09, subd. A; see also Civ. Code, § 1947.10, subd.…