Section 4

Citation: Section 4
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 Court of Appeal did not reach the issue of standing, noting that the City’s demurrer did not challenge plaintiffs’ standing to raise the argument that the ordinance is preempted by state law. It appears from the record, however, that the City may have challenged plaintiffs’ standing with respect to all causes of action. Because neither party has raised the issue of standing in this court, we do not reach it. Under article VI, section 12, subdivision (b) (article VI, section 12(b)), of the California Constitution, this court has jurisdiction to “review the decision of a court of appeal in any cause.” We granted review in this case to address the sole issue considered by the Court of Appeal, whether the litigation privilege conflicts with and thus preempts section 4.56.020(i)(l). We may review this issue without first reaching the issue of standing. (See also Dix v. Superior Court (1991) 53 Cal.3d 442, 454, fn. 8 [279 Cal.Rptr. 834, 807 P.2d 1063] [“Nothing in article VI, section 12(b) suggests that, having rejected the Court of Appeal’s conclusion on the preliminary issue of standing, we are foreclosed from ‘reviewing]’ the second subject addressed and resolved in its decision.”].)

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