Ben-Shahar

Ben-Shahar v. Pickart CA2/1

Good Law
180 Cal. Rptr. 3d 464·231 Cal. App. 4th 1043
Court of Appeal of CaliforniaOctober 31, 2014B250728; B251417California3,988 words

Opinion

Opinion

Johnson, J.

Defendants Daniel Pickart, Stephanie Pickart, Savoy Bellavia, Annamarie Bellavia, John Acierno, and Luanne Aciemo appeal the denial of their Code of Civil Procedure section 425.16 special motion to strike plaintiff’s first amended complaint. Plaintiff Adi Ben-Shahar cross-appeals the trial court’s denial of his request for attorney fees in defending the motion. We affirm the denial of defendants’ motion to strike, and reverse the denial of attorney fees and remand to the trial court for further proceedings on attorney fees.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

1. Plaintiff’s Occupancy and the Gilliland Agreement

Plaintiff occupied a rent-controlled penthouse apartment located at 202 Bicknell Street in Santa Monica. The apartment is in a three-story brick unreinforced masonry building that was built in 1912. Plaintiff has resided in the apartment since 1989, and is a licensed electrical contractor. Plaintiff spent about $70,000 to remodel his apartment based upon representations from Geraldine Gilliland, the owner of the building, that she would not sell the building and that plaintiff would be reimbursed for all costs he expended on the remodeling. Later,…

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