Apartment Assn. of Los Angeles etc. v. City of Los Angeles (2026)

Citation: Apartment Assn. of Los Angeles etc. v. City of Los Angeles (2026)
Parent Document: Apartment Assn. of Los Angeles etc. v. City of Los Angeles (2026)
Jurisdiction: California (state)
Effective Date: 2026-05-14
Original Source: https://www.courtlistener.com/opinion/10859038/apartment-assn-of-los-angeles-... ↗

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pay the outstanding rent after receiving a Written Notice to
Cease,” and provided that “a landlord’s failure to serve the tenant
with a Written Notice to Cease and allow for the cure period to
run constitutes a complete affirmative defense in an unlawful
detainer action.” (Id. at p. 245.) We concluded this was “the
epitome of a ‘procedural barrier[] between the landlord and the
judicial proceeding’” because requiring landlords to “serve a
Written Notice to Cease and allow an additional cure period as a
condition precedent for eviction for nonpayment of rent is a
procedural requirement that conflicts with the timeline under
Code of Civil Procedure section 1161, [subdivision] (2).”
(Pasadena, at pp. 245-246.)
       The Pasadena notice and cure provisions were similar to
those rejected in SFAA 2024, supra, 104 Cal.App.5th 1218. That
case examined an ordinance that created a longer notice timeline
for landlords pursuing at-fault evictions and concluded the
ordinance was procedural under Birkenfeld’s framework because
it extended the statutory notice period under Code of Civil
Procedure section 1161. (SFAA 2024, at pp. 1234-1235.) That
ordinance required that, for certain at-fault evictions, a landlord
“ ‘shall prior to serving the [statutory] notice to vacate provide
the tenant a written warning and an opportunity to cure.’ ” (Id.
at p. 1225.) Further, it stated these grounds for at-fault eviction
“ ‘shall not apply unless the violation is not cured within ten days
after the landlord has provided the tenant a written warning that
describes the alleged violation and informs the tenant that a
failure to correct such violation within ten days may result in the
initiation of eviction proceedings.’ ” (Id. at p. 1226.)
       The court in SFAA 2024 acknowledged “ ‘ “the distinction
between procedure and substantive law can be ‘ “shadowy and

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