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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Applying these principles, the high court in Action Apartment held that to the extent the challenged ordinance covers the filing of an eviction action ("bringing 'any action to recover possession of a rental housing unit based upon facts which the landlord had no reasonable cause to believe to be true or upon a legal theory which is untenable under the facts known to the landlord' "), it conflicts with and is entirely preempted by the litigation privilege. ( Action Apartment , 41 Cal.4th at pp. 1249-1250, 63 Cal.Rptr.3d 398, 163 P.3d 89.) But to the extent the ordinance covers prelitigation service of an eviction notice (malicious " 'service of any notice to quit or other eviction notice ' "), it conflicts with the litigation privilege "only in part." ( Id . at p. 1250, 63 Cal.Rptr.3d 398, 163 P.3d 89.) In this latter respect, the ordinance might, or might not, conflict with the litigation privilege, depending on whether the notice in question genuinely "relates to litigation that is contemplated in good faith," which is a "factual inquiry." ( Id . at pp. 1251-1252, 63 Cal.Rptr.3d 398, 163 P.3d 89.)

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