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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (74)

Full Text

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In dissent, Justice Corrigan agrees with our conclusion “that the policies underlying the privilege tend to support its application in this context.” (Dis. opn. of Corrigan, J., post, at p. 1253.) She disagrees, however, with our conclusion that the litigation privilege preempts this provision of the City’s Tenant Harassment ordinance. She suggests that the Legislature did not enact the litigation privilege “to invalidate any particular causes of action.” (Id., at p. 1254.) On this point, the dissent misconstrues both the role of declaratory relief and the nature of preemption.