Cross

Cross v. Cooper

Caution
127 Cal. Rptr. 3d 903·197 Cal. App. 4th 357·2011 Cal. App. LEXIS 899
Court of Appeal of CaliforniaJuly 11, 2011No. H033164California13,813 words

Opinion

Lead Opinion

Rushing, J.

I. Statement of the Case

Sandra Cross (Cross) leased a house to Stephen and Laura Cooper. As the lease was about to expire, Cross put the house up for sale and entered a contract of sale with prospective buyers. After the prospective buyers backed out, Cross sued the Coopers for interfering with the sale and causing it to fail. In her complaint, Cross asserted several claims based, in part, on allegations that the Coopers disclosed, or threatened to disclose, information that a registered sex offender lived nearby. In response to the lawsuit, the Coopers filed an anti-SLAPP motion under Code of Civil Procedure section 425.16 to *365 strike those claims. 1 The trial court denied the motion, and the Coopers now appeal from that order. (§ 425.16, subd. (i).)

We conclude that the trial court erred in denying the motion and remand the matter for further proceedings.

II. The Pleadings and the Anti-SLAPP Motion

A. The Complaint

In her complaint, Cross asserted causes of action for breach of a residential lease agreement, breach of the implied covenant of good faith in the lease agreement, inducing prospective buyers to breach their purchase contract with Cross,…

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