California, United States of America
The following excerpt is from Aron v. WIB Holdings, 21 Cal.App.5th 1069, 231 Cal.Rptr.3d 1 (Cal. App. 2018):
On January 25, 2016, the trial court granted the anti-SLAPP motion, ruling that tenant's complaint was based on defendants' filing of the unlawful detainer action, a protected activity under section 425.16. The trial court then determined that tenant could not establish a probability of prevailing on his claims because the underlying unlawful detainer judgment was not final in light of landlord's pending appeal of that judgment. The trial court concluded that dismissal of the complaint was the proper remedy under section 425.16 and Pasternack v. McCullough (2015) 235 Cal.App.4th 1347, 186 Cal.Rptr.3d 81 ( Pasternack ). An order and judgment granting the anti-SLAPP motion and dismissing tenant's complaint was filed on March 4, 2018. Tenant filed a notice of appeal from that order and judgment on March 24, 2016.
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