A judge indicated on Monday that he is likely to reject a request from the Barrington Plaza Tenant Association for a preliminary injunction to stop evictions in September while the tenants’ case is pending.
The buildings, which are under rent control, are owned by Douglas Emmett Inc. The company claims that the evictions are necessary in order to install fire sprinklers in a complex that has experienced dangerous fires in the past.
However, the residents argue that the company is unlawfully using the 1985 Ellis Act to evict all the tenants. They believe that this legislation was originally created to allow small-scale landlords to leave the rental business and take their units off the market.
In a preliminary ruling issued on Monday, Judge James C. Chalfant of the Los Angeles Superior Court states that the landlords would face more harm if the injunction were granted. He is leaning towards denying the injunction and suggesting that all future eviction actions be filed in the Santa Monica Superior Court to coordinate the cases and reduce the burden for everyone involved.
“The tenants would suffer significant harm by having to defend individual eviction actions and face eviction,” wrote Chalfant. “However, their legal remedies are sufficient, and they will have to move out of their units regardless.”
The landlords would be harmed financially if there were any delays in asserting their right to evict and carry out their planned renovations, Chalfant explained.
While the tenants raise valid points, Douglas Emmett has consistently stated that it cannot proceed with renovations until all tenants have vacated their units, according to Chalfant.
“Allowing the tenants to stay longer without the ability to file eviction actions will delay the move-out process and the intended improvements,” the judge stated. He is set to hear arguments on Tuesday afternoon before issuing a final ruling.
The landlords have also filed a separate anti-SLAPP motion, which will be heard by Judge Jill Feeney on October 30. The anti-SLAPP law aims to prevent individuals from using the courts, or the threat of legal action, to intimidate others who are exercising their First Amendment rights.
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