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

1,895 chars

76
arguing state law preempted the ordinance because it created an
impermissible conflict with section 1161 of the Code of Civil
Procedure by giving tenants an additional 10-day notice and cure
period, so they had a minimum of 13 days to cure instead of three
days. (SFAA IV, at pp. 1226, 1228.) The landlord association
argued the ordinance was procedural under the Birkenfeld
framework because it extended the notice period under Code of
Civil Procedure section 1161, while the city argued the ordinance
was substantive because it limited the grounds for eviction as an
appropriate exercise of the city’s police power and therefore was
not in conflict with section 1161. (SFAA IV, at p. 1230.)
       The court in SFAA IV noted “ ‘ “the distinction between
procedure and substantive law can be ‘ “shadowy and difficult to
draw” in practice’ ” ’ ” because “law can be substantive but still
have a ‘procedural impact.’ ” (SFAA IV, supra, 104 Cal.App.5th
at p. 1230.) But the court ultimately agreed with the landlord
association that the ordinance’s “extension of the timeline for
notice and opportunity to cure is entirely procedural. It also
imposes a specific procedural requirement: landlords must
affirmatively act by providing a written warning after good cause
for eviction has been demonstrated but before notice of eviction
can be given under [Code of Civil Procedure] section 1161. . . .
[T]his process creates a procedural barrier precluding relief.”
(SFAA IV, at pp. 1234-1235.) The court thus held that the
ordinance was preempted because it “plainly prohibits a landlord
from proceeding under the state statutory timeline by requiring
the additional 10-day warning and cure period.” (Id. at p. 1237.)
       Sections 1803(cc) and 1806(a)(1) of Measure H similarly
impose a procedural requirement that landlords provide a
Written Notice to Cease to tenants and afford an additional

Other Sections in This Document (114)

Full Text