The Ohio House, LLC v. City of Costa Mesa, 135 F.4th 645 (2024)

Citation: The Ohio House, LLC v. City of Costa Mesa, 135 F.4th 645 (2024)
Parent Document: The Ohio House, LLC v. City of Costa Mesa, 135 F.4th 645 (2024)
Jurisdiction: United States (federal)
Effective Date: 2024-12-04
Original Source: https://www.courtlistener.com/opinion/10287865/the-ohio-house-llc-v-city-of-c... ↗

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of Civil Procedure 50(a). The district court orally denied
these motions, except that the district court reserved ruling
on whether Ohio House’s California Government Code
§ 65008 claim was untimely.
    The jury found that the City had not violated the FHA or
the FEHA. Thereafter, the district court issued findings and
conclusions related to Ohio House’s California Government
Code § 65008 claim, concluding that this claim was
untimely and that judgment in favor of Ohio House would
be inconsistent with the jury’s findings. Thus, the district
court entered judgment in favor of the City on all claims.
    Several weeks later, Ohio House renewed its motion for
judgment as a matter of law and, alternatively, moved for a
new trial. Ohio House also requested that the district court
take judicial notice of various documents, including letters
from the California Department of Housing and Community
Development, excerpts from the City’s “Housing Element
Update,” and a notice of public hearing. The district court
denied Ohio House’s motions but granted its request for
judicial notice insofar as the district court relied on the
subject documents. Ohio House timely appealed.
                  II.    DISCUSSION
    Ohio House’s primary claims fall under overlapping
provisions of the FHA and the FEHA. We begin with those
claims and then address Ohio House’s claim under
California Government Code § 65008.
                  A. FHA/FEHA Claims
    It is unlawful under the FHA “[t]o discriminate in the
sale or rental, or to otherwise make unavailable or deny, a
dwelling to any buyer or renter because of a handicap . . . .”
42 U.S.C. § 3604(f)(1). A municipality violates this law if
16        THE OHIO HOUSE, LLC V. CITY OF COSTA MESA

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