In a disappointing decision, a judge has denied the Barrington Plaza Tenant Association’s request for a preliminary injunction freezing evictions until the resolution of the tenants’ overall case. The judge claims that the landlords have the upper hand in terms of harm.
The buildings in question are owned by Douglas Emmett Inc., who argues that evictions are necessary in order to install fire sprinklers in a complex that has a troubling history of dangerous fires. However, the tenants filed a lawsuit on June 12, asserting that the company is unjustly evicting all residents by misusing the 1985 Ellis Act, which was intended for small landlords who wished to exit the rental market.
Los Angeles Superior Court Judge James Chalfant has now issued a final ruling, stating that the harm balance favors the landlords.
“The tenants’ harm in having to defend individual eviction actions and facing eviction is significant,” wrote Chalfant. “However, their legal remedies and the fact that they will eventually have to move out undermine these harms.”
Chalfant further explained that the landlord’s harm is partially due to the financial impact of any delay in exercising their right to evict and carry out the planned renovation. Despite the valid points raised by the tenants, Douglas Emmett has consistently maintained that they cannot proceed with the renovations until all tenants have vacated the premises.
“Allowing the tenants to prolong their stay without the ability to file eviction actions will hinder the move-out process and the intended improvements,” stated the judge.
The landlords’ representative released a statement in response to Chalfant’s ruling, expressing gratitude for the swift decision and emphasizing that they have always complied with state law.
The landlords have submitted two dismissal motions, both of which will be heard by Judge Jill Feeney on October 30. One of these motions is an anti-SLAPP (Strategic Lawsuit Against Public Participation) motion, a law designed to prevent individuals from using the court system to intimidate others exercising their First Amendment rights.
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