Section 1942

Citation: Section 1942
Parent Document: Winslett v. 1811 27th Ave., LLC, 237 Cal. Rptr. 3d 25 (2018)
Jurisdiction: California (state)
Effective Date: 2018-08-15
Original Source: https://www.courtlistener.com/opinion/6239848/winslett-v-1811-27th-ave-llc/ ↗

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Turning specifically to whether the litigation privilege defeats Winslett's claims under section 1942.5, subdivision (d), Action Apartment Assn., Inc. v. City of Santa Monica (2007) 41 Cal.4th 1232, 63 Cal.Rptr.3d 398, 163 P.3d 89 ( Action Apartment ) provides the framework for analysis. At issue in that case was the City of Santa Monica's Tenant Harassment Ordinance, which prohibited, among other things, maliciously serving a notice of eviction or bringing any action to recover possession of a rental unit without a reasonable factual or legal basis. ( Id. at p. 1237, 63 Cal.Rptr.3d 398, 163 P.3d 89.) Violation of this prohibition was subject to both *38criminal and civil penalties, with civil enforcement available to " '[a]ny person.' " ( Id. at p. 1239, 63 Cal.Rptr.3d 398, 163 P.3d 89.) The case was a class action by landlords seeking to have Santa Monica Municipal Code section 4.56.020, subdivision (i)(1) *253declared invalid on preemption grounds, and among the statutes cited as having preemptive effect was section 47, subdivision (b), which embodies the litigation privilege. ( Action Apartment , supra , at pp. 1239-1240, 63 Cal.Rptr.3d 398, 163 P.3d 89.)

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