Supreme Court of California

The Ellis Act qualifies as a law pertaining to the hiring of property under Civil Code section 1942.5(d), and that a landlord's withdrawal of the property from the market is an exercise of the right to go out of the rental business; a landlord's bona fide intent to withdraw the property from the rental market under the Act will defeat the statutory defense of retaliatory eviction.

Appellate Information

• Decided 08/11/2003
• Published 08/11/2003

Judges

• BAXTER, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
•  Law Offices of Andrew M. Zacks, Andrew M. Zacks and James B. Kraus, San Francisco, for Petitioner., Brad Seligman, Berkeley, and Jennifer Cynn for The Impact Fund, Protection and Advocacy, Inc., Legal Aid Foundation of Los Angeles, Public Interest Law Project, East Bay Community Law Center, Lawyers' Committee for Civil Rights of the San Francisco Bay Area and the American Civil Liberties Union of Northern California as Amici Curiae on behalf of Petitioner., R.S. Radford for Pacific Legal Foundation as Amicus Curiae on behalf of Petitioner., Law Offices of Paul F. Utrecht and Paul F. Utrecht, San Francisco, for Small Property Owners of San Francisco as Amicus Curiae on behalf of Petitioner., Wiegel & Fried and Clifford E. Fried, San Francisco, for San Francisco Apartment Association as Amicus Curiae on behalf of Petitioner., Law Offices of Rosario Perry and Rosario Perry, Santa Monica, for Action Apartment Association as Amicus Curiae on behalf of Petitioner., Law Offices of William M. Simpich, William M. Simpich, Oakland;  Law Offices of Philip D. Rapier, Philip D. Rapier, Oakland;  Law Offices of Marc S. Janowitz and Marc S. Janowitz, San Francisco, for Real Parties in Interest., Gen Fujioka, San Francisco;  Tom Weathered, Robert Capistrano;   Roderick T. Field;  and Dara Schur for Asian Law Caucus, Bay Area Legal Aid, The Los Angeles Housing Law Project and The Western Center on Law & Poverty as Amici Curiae on behalf of Real Parties in Interest., Daniel Berko as Amicus Curiae on behalf of Real Parties in Interest.


• For Appellees:
  
• No appearance for Respondent.