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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Plaintiffs allege that the City has threatened action against Dennis pursuant to section 4.56.020(i)(l) based on her direction to her attorney to file an unlawful detainer lawsuit for the purpose of allowing her to retake possession of a rental unit. This alleged threatened action would arise under the second provision of section 4.56.020(i)(l), which provides: “No landlord shall... do any of the following with malice: [][]... []Q (i)(l) Take action to terminate any tenancy including . . . bring any action to recover possession of a rental housing unit based upon facts which the landlord has no reasonable cause to believe to be true or upon a legal theory which is untenable under the facts known to the landlord.” (Italics added.) When considering whether this provision of section 4.56.020(i)(l) is preempted, we ask whether it conflicts with the litigation privilege. (Sherwin-Williams, supra, 4 Cal.4th at pp. 897-898.)

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