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 also allege that the City has threatened action against Dennis pursuant to section 4.56.020(i)(l) for directing her attorney to serve her tenant with a notice to quit for the purpose of allowing the owner to retake possession of the rental unit. This alleged threatened action is authorized by the first provision of section 4.56.020(i)(l), which provides: “No landlord shall... do any of the following with malice: [][] . . . [f] (i)(l) Take action to terminate any tenancy including service of any notice to quit or other eviction notice . . . 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) also is preempted, we ask whether it, too, conflicts with the litigation privilege. (Sherwin-Williams, supra, 4 Cal.4th at pp. 897-898.)

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