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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*1256I would not hold the drafters of ordinances to the standard of framing their provisions to avoid conflict with any conceivable defense available under state law. To take only the examples nearest at hand, Civil Code section 47, subdivision (b) provides a privilege for publications made in official proceedings, in addition to the litigation privilege. Civil Code section 47, subdivision (a) provides a privilege for statements made “[i]n the proper discharge of an official duty.” Under the court’s decision today, these provisions stand as limitations on the scope of local legislative power, rather than as the sources of individual privilege they were meant to be. Werdegar, J., concurred.

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