Pickford Realty v. Ocean Towers Housing Corp. CA2/7

Filed 2/10/15 Pickford Realty v. Ocean Towers Housing Corp. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

PICKFORD REALTY, et al., B254420

Cross-Complainants and (Los Angeles County Respondents, Super. Ct. No. BC511043)

v.

OCEAN TOWERS HOUSING CORPORATION,

Cross-Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Mark Mooney, Judge. Affirmed. Enenstein Ribakoff LaVina & Pham, David Z. Ribakoff and Michael T. Rosenthal for Cross-Defendant and Appellant. Rheinheimer Smigliani + Drake, Jane A. Rheinheimer and Suzanne L. Smigliani for Cross-Complainants and Respondents.

_______________________

After a lawsuit was filed against them, Pickford Realty, Ltd. and David Solomon filed a cross-complaint against Ocean Towers Housing Corporation (OTHC). OTHC filed a special motion to strike the cross-complaint under Code of Civil Procedure section 425.16.1 The trial court denied the motion to strike, and OTHC appeals. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Anthony Mayes, trustee of the Miramar Trust, filed a lawsuit in June 2013 against Dorann Wolf, Pickford Realty, Solomon, and OTHC. Mayes alleged that the trust had entered into a residential purchase agreement to purchase a unit being sold by Wolf in Ocean Towers, a building owned and managed by OTHC. Mayes alleged that Solomon, a real estate agent employed by Pickford Realty, sent false and derogatory text messages concerning the transaction and its participants to another licensed salesperson working on OTHC properties. Mayes sued Wolf for breach of contract; sought declaratory relief regarding and specific performance from Wolf and OTHC; and alleged trade libel/disparagement of property, tortious interference with contract, interference with prospective economic advantage, and defamation against Solomon and Pickford Realty. Pickford Realty and Solomon cross-complained against OTHC, alleging tortious interference with a contractual relationship and interference with prospective economic advantage. OTHC filed a motion to strike the cross-complaint as a strategic lawsuit against public participation (SLAPP). The trial court denied the motion on the ground that the motion was untimely and the cross-complaint was not subject to section 425.16. OTHC appeals.