Cal. Apartment Assn. v. City of Pasadena (2025)

Citation: Cal. Apartment Assn. v. City of Pasadena (2025)
Parent Document: Cal. Apartment Assn. v. City of Pasadena (2025)
Jurisdiction: California (state)
Effective Date: 2025-12-18
Original Source: https://www.courtlistener.com/opinion/10761039/cal-apartment-assn-v-city-of-pasadena/ ↗

Full Text

1,845 chars

75
procedural barriers between the landlord and the judicial
proceeding.” (Birkenfeld, supra, 17 Cal.3d at p. 151.)
       Petitioners contend that, like the eviction certificate
requirement in Birkenfeld, Measure H sections 1803(cc) and
1806(a)(1) “layer[] on additional procedural requirements, which
are preempted.” Respondents counter that Measure H “imposes
a substantive regulation of tenancies rather than eviction
procedure: a tenant cannot be deemed to have failed to pay rent
until after receiving the notice and information provided by a
Written Notice to Cease.” They rely on the fact that Measure H
provides that in the event a tenant is behind on rent, “[n]o
Landlord shall take action to terminate any tenancy, or endeavor
to recover possession of a Rental Unit . . . . unless . . . [t]he
Tenant has failed, after receiving a Written Notice to Cease, to
pay the Rent to which the Landlord is legally entitled.”
(§ 1806(a)(1).)
       In SFAA IV, supra, 104 Cal.App.5th at pages 1223, 1228-
1231, the court applied the Birkenfeld substantive-procedural
rubric to determine whether state law preempted a San Francisco
ordinance that created a longer notice timeline for landlords
pursuing at-fault evictions. 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.) A landlord association sued,

Other Sections in This Document (114)

Full Text