In the case of Wallace v. McCubbin, the landlord made an anti-SLAPP motion claiming landlord’s acts were protected by the litigation privilege, leaving the tenant with the burden to “show a probability of succeeding at trial” in order to continue with tenant’s lawsuit. The tenants failed to show this probability of success, leading the court to bar them from proceeding with their claim. Evoking anti-SLAPP could prove to be highly effective to shield landlords from tenants’ frivolous and potentially costly lawsuits.
Thomas E. Lombardi and Grant H. Dowd Author Article on Anti-SLAPP Law for Daily Journal
Palmer, Lombardi & Donohue founding partner Thomas E. Lombardi and associate Grant H. Dowd co-authored an article for the July 2, 2012 edition of the Daily Journal. The article, “Anti-SLAPP Protects Landlords from Wrongful Eviction Lawsuits,” discusses how a recent Court of Appeals ruling in the Wallace v. McCubbin case has made it easier for landlords to obtain early dismissals of lawsuits filed by tenants.