Copenbarger
Copenbarger v. Morris Cerullo World Evangelism CA4/3
Opinion
Opinion
Fybel, J.
Introduction
Paul D. Copenbarger, acting individually and derivatively on behalf of Newport Harbor Offices & Marina, LLC (NHOM), appeals from the order granting the special motion to strike his complaint pursuant to the antiSLAPP statute, Code of Civil Procedure section 425.16 (further code references are to the Code of Civil Procedure unless otherwise specified).
NHOM is the sublessee, and defendant/respondent Morris Cerullo World Evangelism (Cerullo) is the sublessor under a sub-ground lease of real property in Newport Beach. After Cerullo served NHOM with a three-day notice to cure or quit, Copenbarger filed a complaint asserting causes of action against Cerullo, Plaza del Sol Real Estate Trust (Plaza del Sol), Roger Artz, Dennis A. D’Alessio, and Vertical Media Group, Inc. (VMG) (collectively, Respondents), for declaratory relief, breach of contract, and intentional interference with contract. Soon thereafter, Cerullo filed an unlawful detainer action against NHOM, and all Respondents brought their successful antiSLAPP motion to strike Copenbarger’s complaint.
The dispositive issue on appeal is whether the causes of action asserted in Copenbarger’s complaint arose…