Case Number: EC062159    Hearing Date: August 01, 2014    Dept: NCE

Unopposed motion of specially appearing defendants Matian + Moaddel, APC and Howard Pearlstein to quash service of summons and First Amended Complaint is granted as to defendant Howard Pearlstein only. The summons in the court file does not name Mr. Pearlstein in violation of CCP section 412.20(a)(2). The motion is denied as to Matian + Moaddel, APC, as this defendant is now identified in the caption of the First Amended Complaint by that name and defendant has failed to submit any evidence with this motion to suggest that service is otherwise improper.

Unopposed motion of defendants HF Family Properties, LLC and Frank Pearlstein to strike the First Amended Complaint (anti-SLAPP motion) pursuant to CCP section 425.16 is granted and these defendants are dismissed from this action.

The claims against defendants HF Family Properties, LLC and Frank Pearlstein are based upon allegations they wrongfully filed, or wrongfully engaged in a scheme to wrongfully file, an unlawful detainer action to remove plaintiff from the premises. [See First Amended Complaint, para. 3; pg. 11:26-12:1.] The filing of an unlawful detainer action is a protected petitioning activity under the anti-SLAPP statute. See Birkner v. Lam (2007) 156 Cal.App.4th 275, 281 (“The prosecution of an unlawful detainer action indisputably is protected activity within the meaning of section 425.16.”) In addition, the declaration of Frank Pearlstein indicates these defendants first became involved with this property when they commenced to purchase it and the seller agreed to remove the tenant by conducting an eviction. [Pearlstein Decl., para. 4, 5.] This is further evidence that these defendants were engaged in protected activity, given that the litigation privilege is held to extend to communications and communicative conduct, such as recording or filing of pleadings in pursuit of litigation. [See Rusheen v. Cohen (2006) 37 Cal.4th 1048.]

Defendants HF Family Properties, LLC and Frank Pearlstein have met their burden to show the action against them arises out of protected activity. Plaintiff, who has not filed an opposition or presented any admissible evidence to establish a prima facie case, has failed to meet the burden which shifted to her to demonstrate a reasonable probability of prevailing on her claims.

Unopposed motion of defendant Dennis P. Block & Associates to strike the First Amended Complaint (anti-SLAPP motion) pursuant to CCP section 425.16 is granted and the defendant is dismissed from this action. The court finds this defendant’s activity in filing an unlawful detainer action for the prior owner of the property, Robert Sull, was protected petitioning activity under CCP section 425.16. Defendant Block presents evidence he was the attorney of record for the owner, Sull, in an unlawful detainer action which was later dismissed when Sull sold the property to a third party. Plaintiff has failed to meet the burden which shifted to her to demonstrate that she has a probability of prevailing on the merits. As prevailing party on its special motion to strike, defendant Dennis P. Block & Associates is awarded its reasonable attorneys’ fees to bring the motion in the sum of $1,500 (5 hours at $300 an hour) against the plaintiff Carol Walton.

Demurrer and motion to strike of defendants HF Properties, LLC and Frank Pearlstein are moot in light of the grant of the special motion to strike and the dismissal of these defendants from the action.