Action Apartment Ass'n v. City of Santa Monica, 41 Cal. 4th 1232 (2007)

Citation: Action Apartment Ass'n v. City of Santa Monica, 41 Cal. 4th 1232 (2007)
Parent Document: Action Apartment Ass'n v. City of Santa Monica, 41 Cal. 4th 1232 (2007)
Jurisdiction: California (state)
Effective Date: 2007-08-02
Original Source: https://www.courtlistener.com/opinion/5608052/action-apartment-assn-v-city-of... ↗

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The Court of Appeal reversed. Without reaching any of plaintiffs’ alternative claims, it held that the entirety of section 4.56.020(i)(l) is preempted because it conflicts with the litigation privilege.2 It reasoned that “under the litigation privilege, a landlord serving an eviction notice or filing an unlawful detainer is immune from suit based on those notices or filings, and cannot be enjoined from that conduct, even if the motivation is malicious, the factual allegations known to be untrue, and the legal theory untenable under the true facts. Under the ordinance, that same landlord, with that same lawsuit, is subject to criminal penalties, a civil lawsuit, and an injunction. The ordinance thus punishes what the Civil Code protects, is contradictory to state law, and is preempted.” The Court of Appeal concluded that the litigation privilege would bar every application of section 4.56.020(i)(l). It concluded also that the litigation privilege bars criminal prosecutions brought to enforce section 4.56.020(i)(l), reasoning that “the fact that the Legislature may create *1241exemptions to a statutory privilege does not mean that the City may also do so.” Additionally, the Court of Appeal directed the trial court to enter a judgment declaring that “Santa Monica Municipal Code section 4.56.020, subdivision (i) is preempted by state law.”

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