Lindquist v. Arthur L. Herman, LLC CA2/1

Filed 7/28/15 Lindquist v. Arthur L. Herman, LLC CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

BRIAN LINDQUIST, B256218

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC522308) v.

ARTHUR L. HERMAN FAMILY, LLC, et al.,

Defendants and Respondents.

APPEAL from an order of the Superior Court of Los Angeles County, Gregory Wilson Alarcon, Judge. Affirmed. Law Offices of Marvin L. Rudnick and Marvin L. Rudnick for Plaintiff and Appellant. Citron & Citron, Thomas H. Citron and Katherine Auchincloss Tatikian for Defendants and Respondents Arthur L. Herman Family, LLC, Arthur L. Herman, Arthur L. Herman Trust, Leesl Herman, Bradley Jakobsen and Jakobsen Management, LLC. Law Offices of Lisa M. Howard, Lisa M. Howard and Steven Coard for Defendant and Respondent Rosario Perry. ——————————

Brian Lindquist appeals from the trial court’s order granting a special motion to strike portions of his complaint against Arthur Herman Family, LLC and related defendants, and their attorney Rosario Perry, as a strategic lawsuit against public participation pursuant to Code of Civil Procedure section 425.16 (commonly known as the anti-SLAPP statute).1 We affirm. FACTS AND BACKGROUND On September 24, 2013, Lindquist filed a complaint against Arthur Herman Family, LLC, individual members of the Herman family, and the family’s property manager Bradley Jakobsen (collectively, Herman), as well as the family’s attorney Rosario Perry, alleging breach of contract, lease, and implied warranty of habitability; conversion; nuisance and negligence; abuse of process; negligent infliction of emotional distress; intentional infliction of emotional distress; and breach of the covenant of good faith and fair dealing. Since he signed a rental agreement in December 1985, Lindquist had been a tenant in an apartment in a building Herman owned on Montana Avenue in Santa Monica. In 2004, a crack appeared in the concrete slab floor in his apartment, causing numerous problems. Lindquist also alleged that the apartment building was in general disrepair, and that asbestos in his apartment was a health hazard. When Lindquist sought repairs of the foundation (among other repairs), Herman and attorney Perry “used this ruse to issue the ‘three day notice’ designed to rid the Defendants of Plaintiff’s tenancy rather than restore the floor by falsely stating that Plaintiff refused to make the apartment available for Defendant Landlord to install new carpet to cover the broken concrete floor,” so as to avoid repair and make the apartment “available at a higher rent to new, unsuspecting tenants who may not be subject to the same rate currently paid by Plaintiff under Santa Monica Rent Control.” Lindquist’s maximum allowable monthly rent in July 2012, after decreases ordered by the Santa Monica Rent Control Board, was $581. His standard rent in January 2014 was $730.13.