Drumea v. 1300 N. Curson Investors LLC CA2/4

Filed 12/10/15 Drumea v. 1300 N. Curson Investors LLC CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

CECILIA DRUMEA et al., B259733 c/w B261353

Plaintiffs and Appellants, (Los Angeles County Super. Ct. No. BC527499) v.

1300 N. CURSON INVESTORS LLC.,

Defendant and Respondent.

APPEALS from a judgment and order of the Superior Court of Los Angeles County, Kevin C. Brazile, Judge. Dismissed in part and affirmed in part. Leslie R. Smith for Plaintiffs and Appellants. Miller Barondess and James Goldman for Defendant and Respondent.

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In this action for malicious prosecution and other claims, defendant moved to 1 strike the complaint under the anti-SLAPP statute (Code Civ. Proc., § 425.16). The trial court granted the motion, entered a judgment (order of dismissal) and, in a postjudgment order, granted attorney fees to defendant under the anti-SLAPP statute. Plaintiffs, Cecilia and Elena Drumea, filed separate notices of appeal from the judgment (B259733) and the fee award (B261353). The appeal from the judgment is dismissed as untimely. The postjudgment order awarding attorney fees is affirmed.

FACTUAL AND PROCEDURAL SUMMARY The Drumeas have lived in a unit in an apartment building located at 1300 N. Curson Avenue in Los Angeles since 1992. Curson Investors LLC. (Curson) purchased the building on July 1, 2011. Cecilia Drumea served as the resident manager for the building from December 1993 until June 30, 2011. She was terminated effective June 30, 2011, by the previous owner. Curson filed an unlawful detainer action against the Drumeas on July 25, 2011 and then voluntarily dismissed the action without prejudice on November 15, 2011. A rent dispute ensued and Curson filed a lawsuit on May 29, 2012 (the Ejectment action). While the Ejectment action was on appeal, the Drumeas filed this case on November 13, 2013, alleging causes of action for malicious prosecution, elder abuse, and violation of California Business and Professions Code section 17200 (UCL). Curson filed a special motion to strike the Drumeas’ complaint and a motion for judgment on the pleadings. The Drumeas responded by filing a motion for leave to file a cross-complaint in the Ejectment action and/or for an order construing the existing pleading as a cross- complaint in the Ejectment action, or in the alternative to consolidate their action with the Ejectment action. The trial court denied the Drumeas’ motions to file a cross-complaint