Hooshmand Law Group wins Important Anti-Slapp Appeal for Tenant

Hooshmand Law Group wins important Anti-Slapp Law Suit Appeal Concerning Eviction of Protected Rent Control Tenant

Attorneys Mark Hooshmand, Ian Hansen and Stephanie Foster of the Hooshmand Law Group successfully argued in the Court of Appeal concerning the reversal of an order of the trial court.

In 2012, our client came to the Hooshmand Law Group after being wrongully evicted from her apartment of over 10 years. The Hooshmand Law Group was successful in having the Court set aside the eviction and filed a cross complaint against her former landlords, alleging numerous causes of action including wrongful eviction. The landlord filed a special motion to strike the cross complaint under the “anti-SLAPP” statute (Code of Civil Procedure 425.16) asserting the cross-claims arose from protected First Amendment activity-namely their service of eviction notices and prosecution of this unlawful detainer action.

The superior court granted the landlord’s motion which had the effect of dismissing the complaint. However, Mark Hooshmand, Ian Hansen and Stephanie Foster appealed the decision. In a May 21, 2014 unpublished decision the Court reversed the trial court’s order stating “This case falls squarely in the now well developed line of cases concluding wrongful eviction and other claims asserted against a landlord do not “arise from” protected petitioning activity.”

The Hooshmand Law Group is proud of this accomplishment and the ability to pursue a claim for damages in this case. We actively and passionately litigate for our clients through every step of the process.