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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (74)

Full Text

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Plaintiffs argue that the litigation privilege is inimical to and thus preempts (1) the provision of section 4.56.020(i)(l) authorizing a suit based on a defendant bringing “an action to recover possession of a rental housing unit based upon facts which the landlord had no reasonable cause to believe to be true or upon a legal theory which is untenable under the facts known to the landlord” and (2) the provision of this section authorizing a suit based on “serving any notice to quit or other eviction notice” without a reasonable factual or legal basis. A. An Action to Recover Possession of a Rental Unit