Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Drouet v. Superior Court, 104 Cal. Rptr. 2d 159 (2001)

Citation
Drouet v. Superior Court, 104 Cal. Rptr. 2d 159 (2001)
Parent Document
Drouet v. Superior Court, 104 Cal. Rptr. 2d 159 (2001)
Jurisdiction
California (state)
Effective Date
2001-05-23

Other Sections in This Document (78)

Full Text

849 chars
Judicial construction of the Ellis Act has generally viewed the Act in relation to local ordinances rather than these numerous state statutes. Courts have uniformly construed the Ellis Act as a state law of preemptive effect, preventing local governments from imposing any additional requirements, external to the Act, on a landlord's decision to go out of the rental business. (See, e.g., Los Angeles Lincoln Place Investors, Ltd. v. City of Los Angeles (1997) 54 Cal.App.4th 53, 59-66, 62 Cal.Rptr.2d 600; Bullock v. City and County of San Francisco, supra, 221 Cal. App.3d at pp. 1100-1102, 271 Cal.Rptr. 44; Yarmark, supra, 203 Cal.App.3d at pp. 166-167, 249 Cal.Rptr. 732.) As stated, the purpose of the Act was to prevent local governments from enacting legislation which would prevent a landlord from removing property from the rental market.