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 gravamen of the City’s alleged action arising under the provision of section 4.56.020(i)(l) that prohibits a landlord from bringing an action to recover possession of a rental unit, is not a course of conduct. An action brought pursuant to this provision of the ordinance is necessarily based on the filing of a legal action, which by its very nature is a communicative act. The filing of a legal action is not “an independent, noncommunicative, wrongful act.” (Rusheen, supra, 37 Cal.4th at p. 1065.) We contemplate no communication that is more clearly protected by the litigation privilege than the filing of a legal action.

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