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Real Property Law

Cal. Real. Prop. Journal 2015, Vol. 33, No. 2

Reconsidering Wrongful Eviction After Anti-SLAPP

By Kavita Sharma

©2015 All Rights Reserved.

I. INTRODUCTION

Since the mid-nineteenth century, California has recognized the tort of wrongful eviction. Earlier cases focused on the landlord’s physical acts that prevented tenants from entry into the premises (e.g., lock-out or a barrier).1 The landlord could not use "self-help" as a means to remove the tenant who breached his or her lease. Instead, the landlord was obligated to file a lawsuit and obtain a judgment and writ for possession of the premises.2 If the landlord failed to go through legal channels, the tenant would have claims for wrongful eviction, forcible entry and detainer, trespass, and tortious interference with peaceful possession.

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