California Court of Appeal

Embassy LLC v. City of Santa Monica, B217622

In a petition for writ of mandate and complaint for declaratory relief, seeking an order compelling the City of Santa Monica to permit the removal of petitioners' units from the rental housing market and a declaration that the Ellis Act waiver in the parties' agreement was unenforceable, the denial of the petition is reversed where Government Code section 7060.1 prohibited public entities from enforcing contractual Ellis Act waivers in all circumstances except those specified in the statute. a contract between appellants Embassy LLC and PRG Embassy Properties, L.P., and respondents City of Santa Monica and its Rent Control Board (collectively, the City) included appellants' waiver of their Ellis Act rights as to 19 tenant units in their apartment hotel.

Appellate Information

• Decided 06/15/2010
• Published 06/15/2010

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Allen Matkins Leck Gamble Mallory & Natsis, Anthony J. Oliva, Nancy S. Fong for Plaintiffs and Appellants.


• For Appellees:
  
• Michaelyn Jones, General Counsel, Amy J. Regalado, Senior Litigation Attorney, for Defendant and Respondent Santa Monica Rent Control Board., Marsha Jones Moutrie, City Attorney, Alan L. Seltzer, Chief Deputy City Attorney, for Defendant and Respondent City of Santa Monica.