Dahan v. Barnes CA2/2

Filed 4/8/14 Dahan v. Barnes CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

SHMUEL DAHAN et al, B246370

Plaintiffs and Respondents, (Los Angeles County Super. Ct. No. SC119499) v.

WILLIAM J. BARNES et al,

Defendants and Appellants.

APPEAL from an order of the Superior Court of Los Angeles County, Craig D. Karlan, Judge. Affirmed.

Law Offices of Douglas E. Klein and Douglas E. Klein, for Defendants and Appellants.

Wolf, Rifkin, Shapiro, Schulman & Rabkin, Mark J. Rosenbaum and Stephen M. Levine, for Plaintiffs and Respondents.

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Defendants and appellants William J. Barnes and Ruth Barnes (the tenants) appeal from an order denying their special motion to strike under Code of Civil Procedure section 425.16, the “anti-SLAPP statute,”1 in this unlawful detainer case filed by plaintiffs and respondents Shmuel Dahan and Theodora Dahan (the landlords). We affirm, finding that the lawsuit did not arise from activity protected by the statute. FACTUAL AND PROCEDURAL BACKGROUND On May 4, 2012, the parties entered into a written lease for a residence in Beverly Hills (the lease). The lease was for a period of two years commencing on July 1, 2012, and ending on June 30, 2014. Rent of $8,900 was due on the first day of each month payable by personal check or other direct deposit to respondent Shmuel Dahan. The tenants failed to pay rent for October and November 2012. On October 17, 2012, the landlords’ attorney wrote to the tenants’ attorney, advising that the tenants’ deposit of their rent into an escrow-bearing account was “improper” and that the landlords were amenable to mediation of any issues the tenants had regarding the residence other than unlawful detainer for nonpayment of rent. The tenants’ attorney wrote the next day that he would respond shortly. Instead, on October 19, 2012, the tenants filed a lawsuit against the landlords for fraud, negligent misrepresentation, breach of contract and unfair business practices, alleging that at the time the landlords entered into the lease they failed to disclose to the tenants that they were delinquent on their payments on a second mortgage on the residence. On November 26, 2012, the landlords served the tenants with a three-day notice to pay rent or quit for failure to pay rent of $17,800, and a three-day notice to pay/cure or