Detamore v. Jain CA2/1

Filed 4/26/21 Detamore v. Jain CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

JASON A. DETAMORE et al., B305561

Plaintiffs and Respondents, (Los Angeles County Super. Ct. No. 18SMCV00120) v.

SURESH JAIN et al.,

Defendants and Appellants.

APPEAL from an order of the Superior Court of Los Angeles County, Mark A. Young, Judge. Affirmed. Rosario Perry for Defendants and Appellants. Fisher & Wolfe, David R. Fisher, Ryan R. Gordon for Plaintiffs and Respondents. ___________________________________

In a dispute involving several defendants, the plaintiffs alleged that one of the defendants, Devon Wheeler, sought a permit from the City of Los Angeles that should not be granted. Another defendant, Suresh C. Jain; Suresh & Usha Jain Living Trust 2003; and Pico 12300, LLC (collectively Jain), moved to strike the allegation as a strategic lawsuit against public participation (SLAPP), arguing that because plaintiffs alleged elsewhere in the complaint that all defendants conspired to interfere with the plaintiffs’ business, this particular allegation constituted a strategic claim against the moving defendants’ public participation. The trial court denied the motion on the ground that the plaintiffs asserted no claim against the moving defendant based on the allegation. We agree and affirm. BACKGROUND We take the facts from the complaint, accepting them as true for purposes of this appeal. Jain owned real property at 12320 W. Pico Boulevard in Los Angeles. Jason A. Detamore, Lisa M. Detamore, and Advanced Pain Solutions, Inc. (collectively the Detamores), in partnership with Devon Wheeler, operated a cannabis dispensary on the premises. The lease was in Wheeler’s name. In 2016, the Detamores sued Wheeler for breach of the partnership agreement. The litigation settled, with Wheeler agreeing to cede his interest in the partnership to the Detamores. Three weeks after the settlement, Jain instituted eviction proceedings against Wheeler. Wheeler immediately stipulated to the eviction, which ultimately forced the Detamores to move to a new location. Jain then leased the property to Gabriel Dezio, Wheeler’s half brother.