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P1258 A tort action based on the claim that a landlord's improper service of a notice to evict and failure to timely rescind the notice arose from an act in furtherance of the landlord's right to petition and so was subject to a motion under the SLAPP statute; since the Litigation Privilege applies to pre-litigation publications only if litigation is under serious contemplation in good faith , it does not necessarily apply to the landlord's service of a notice to evict.CitationBIRKNER v KWAI HO LAM (Termination Notice) 156 CA4 275 [See: CCP 425.16; Marlin v Aimco Venezia 154 CA4 154, P/AT 9/07]
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