Sacramento Partner David Bass obtains dismissal of key issues for
affordable housing provider using California’s Anti-SLAPP statute.
Sacramento Partner David Bass obtains dismissal of key issues for affordable housing provider using California’s Anti-SLAPP statute.
In this case, a Plaintiff who stayed with an acquaintance and then claimed tenancy after a three-day stay filed a complaint against multiple parties including the client, an affordable housing provider. The plaintiff alleged that the defendant defamed her and filed false police reports, as well as malicious prosecution for including her in the unlawful detainer against all tenants. In this case, Attorney David Bass was able to prove to the court that statements made by the defendant were protected from tort liability by California’s anti-SLAPP laws, allowing for dismissal of key counts and an award of mandatory attorney fees.
An Anti-SLAPP statute is a tool used by defendants to dismiss cases when it can be determined that the plaintiff’s lawsuit is based on speech or conduct made in connection with a public issue. The purpose of Anti-SLAPP statutes is to protect individuals and organizations from frivolous lawsuits brought against them as a way of intimidating them for speaking out, advocating for change, or petitioning the court. The statute allows for a defendant to file an early motion to quickly dismiss these types of claims before they reach discovery or trial. This helps ensure that individuals and organizations are not denied their First Amendment rights in the face of legal action designed to suppress their voicing their opinion.