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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Frazier v. Super. Ct. (2022)

Citation
Frazier v. Super. Ct. (2022)
Parent Document
Frazier v. Super. Ct. (2022)
Jurisdiction
California (state)
Effective Date
2022-12-16

Full Text

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Plaintiffs do not challenge defendants’ claim the Ordinance is not preempted by state law. We
resolve the issue of preemption in favor of upholding the Ordinance. (See Rental Housing Assn., supra,
171 Cal.App.4th at pp. 755-757 [notice requirement properly regulated the substantive grounds for
eviction without imposing an inherent delay]; cf. Birkenfeld, supra, 17 Cal.3d at pp. 150-151
[ordinance requiring certificate of eviction from city before landlord commences unlawful detainer
action was invalid to the extent it imposed a procedural barrier between the landlord and the summary
proceeding which is fully occupied by state law].)