Evans

FACTS AND PROCEEDINGS BELOW

In 2011, Evans agreed to rent an apartment in West Hollywood from Magid. At some later point, Magid served Evans a three-day notice to vacate the premises, and Evans was ultimately evicted. Evans filed a complaint against Magid in May 2014, alleging that the property had numerous structural defects that Magid had failed to repair, and that the apartment was infested by roaches and bedbugs. In addition, Evans claimed that Magid engaged in retaliatory discrimination by serving him with a notice to vacate the apartment because Evans kept a service dog in his apartment to help him with a disability. Magid filed a special motion to strike the discrimination cause of action pursuant to section 425.16, the anti-SLAPP statute. Magid contended that the discrimination allegation interfered with his First Amendment right to petition the government, and that Evans’s cause of action was meritless. The court agreed and granted the motion to strike the discrimination claim.

1 Unless otherwise specified, further citations are to the Code of Civil Procedure.

DISCUSSION

The anti-SLAPP statute allows a defendant in a civil case to make a special motion to strike…