Foster v. Britton, 242 Cal. App. 4th 920 (2015)

Citation: Foster v. Britton, 242 Cal. App. 4th 920 (2015)
Parent Document: Foster v. Britton, 242 Cal. App. 4th 920 (2015)
Jurisdiction: California (state)
Effective Date: 2015-12-01
Original Source: https://www.courtlistener.com/opinion/3159177/foster-v-britton/ ↗

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obligations—was not preempted by general law. The court explained, “as we observed in
Birkenfeld, this exercise of the municipality’s police power does not bring the provision
into conflict with state law, because the statutory remedy for recovery of possession does
not preclude limitations on grounds for eviction for the purpose of enforcing a local rent
control regulation.” (Birkenfeld, supra, 17 Cal.3d at p. 707.)
Our high court also discussed the application of the general rules of preemption to
the rent control ordinance, and concluded the state had neither occupied the field of “rent
withholding” in a manner that clearly indicated the field was solely a matter of state
concern nor indicated that the field of “rent withholding” was a subject of paramount
state concern that could not tolerate local involvement, and that the provisions would
have little effect on transient citizens. (Id. at p. 709.)
Our colleagues in Division Three of this court reviewed Birkenfeld and Fisher and
summarized, “Thus, under existing law, municipalities may by ordinance limit the
substantive grounds for eviction by specifying that a landlord may gain possession of a
rental unit only on certain limited grounds. [Citations.] But they may not procedurally
impair the summary eviction scheme set forth in the unlawful detainer statutes and they
may not alter the Evidence Code burdens of proof. [Citations.]” (Rental Housing Assn.
of Northern Alameda County v. City of Oakland (2009) 171 Cal.App.4th 741, 754 (Rental
Housing Assn.).) Thus, the court stated, “a local rent control ordinance may permissibly
eliminate a ground for eviction specified in Code of Civil Procedure 1161 without
creating a conflict with the unlawful detainer statutes. [Citations.]”7 (Id. at pp. 764–
765.)

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