What is the test for whether a plaintiff can bring an unlawful detainer claim?

California, United States of America


The following excerpt is from Dahan v. Barnes, B246370 (Cal. App. 2014):

The most that can be said about the tenants' theory is that their action in suing the landlords arguably "triggered" the unlawful detainer complaint. "[T]hat a cause of action arguably may have been 'triggered' by protected activity does not entail that it is one arising from such. [citation.] In the anti-SLAPP context, the critical consideration is whether the cause of action is based on the defendant's protected free speech or petitioning activity." (Navellier v. Sletten (2002) 29 Cal.4th 82, 89.)

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