[Download] "Action Apartment Association" by Colorado Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: Action Apartment Association
- Author : Colorado Supreme Court
- Release Date : January 02, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 95 KB
Description
In this case, we determine whether and to what extent the litigation privilege of Civil Code section 47, subdivision (b), conflicts with and thus preempts a section of the City of Santa Monicas "Tenant Harassment" ordinance. In relevant part, the ordinance authorizes civil and criminal penalties against a landlord who maliciously serves a notice of eviction or brings any action to recover possession of a rental unit without a reasonable factual or legal basis. The Court of Appeal held that the litigation privilege conflicts with and thus preempts the entirety of this section of the City of Santa Monicas Tenant Harassment ordinance. We conclude, however, that while the litigation privilege preempts entirely the second provision of this section regarding filing an action to recover possession of a rental unit, it preempts only partially the first provision regarding serving a notice of eviction.
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