Ulkarim v. Westfield, LLC
Annotate this CasePlaintiff, doing business as iWorld, filed suit against Westfield, a shopping center, alleging that Westfield violated a lease agreement. The trial court stated that Westfield's service of a notice of termination was protected activity under the anti-SLAPP statute and that each count was based in part on Westfield's service of the notice. The trial court concluded that the litigation privilege, Civ. Code, 47, subd. (b), "arguably" was a complete defense to the complaint. The court concluded that plaintiff's complaint did not arise from protected activity and was not subject to a special motion to strike. Therefore, plaintiff need not establish a probability of prevailing on her claims and the court need not decide whether she did so. Accordingly, the court reversed the order granting the special motion to strike and the order awarding attorney fees to Westfield.
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