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... ↗

Full Text

1,121 chars

Whether a prelitigation communication relates to litigation that is contemplated in good faith and under serious consideration is an issue of fact. For example, in Eisenberg, the Court of Appeal held that the trial court erred in granting summary judgment on the basis of the litigation privilege because “[i]t remain[ed] a triable issue of fact whether . . . imminent litigation was seriously proposed and actually contemplated in good faith as a means of resolving the dispute between [the parties].” (Eisenberg, supra, 74 *1252Cal.App.4th at p. 1381; see also Edwards, supra, 53 Cal.App.4th at p. 35, fn. 10; Fuhrman, supra, 179 Cal.App.3d at p. 422.) Because a factual inquiry is required in order to determine whether a particular eviction notice is privileged, it is impossible to conclude that the litigation privilege would bar every action arising under the provision of section 4.56.020(i)(l) authorizing suits based on unfounded notices of eviction. Here, plaintiffs’ complaint offers very little description of the City’s threatened action or the notice of eviction that Dennis allegedly served on her tenant.

Other Sections in This Document (74)

Full Text