In this case, tenants of one property owner attempted to void a prior judgment between their landlord and a neighboring property owner to which they were not parties. The judgment required our client, the landlord, to remove an unlawful fire escape. The trial court denied our client’s anti-SLAPP motion, finding that although the action arose from the protected conduct of prior litigation, tenants showed a probability of prevailing on the merits. The Court of Appeal disagreed, finding that not only was the controversy moot because the fire escape had been removed, but that since the fire escape violated various building and safety codes, it was illegal anyway.
