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 majority states the rule we recently reaffirmed in Big Creek Lumber Co. v. County of Santa Cruz (2006) 38 Cal.4th 1139 [45 Cal.Rptr.3d 21, 136 P.3d 821]: “[A]bsent a clear indication of preemptive intent from the Legislature,” we presume that local regulation “in an area over which [the local government] traditionally has exercised control” is not preempted by state law. (Id. at p. 1149; see maj. opn., ante, at p. 1242.) However, the majority does not follow this rule. By no stretch of logic or language can it be said that when the Legislature enacted the litigation privilege, it intended to invalidate local regulations penalizing landlords for bad faith conduct in legal disputes with their tenants. (Cf. Cacho v. Boudreau (2007) 40 Cal.4th 341, 349-355 [53 Cal.Rptr.3d 43, 149 P.3d 473].)

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