A request for an expedited hearing in August has been granted by a judge to the Barrington Plaza Tenant Association. The purpose of the hearing is to determine whether a preliminary injunction should be issued to prevent evictions at the rent-controlled apartment complex while their lawsuit against the landlords is ongoing.
Judge James Chalfant of Los Angeles Superior Court has scheduled the hearing for 1:30 p.m. on August 15.
The tenants’ lawyers have requested an earlier hearing for the injunction, as they believe that the landlords, Barrington Pacific LLC and Douglas Emmett Inc., could start filing eviction notices as early as September 6.
However, the defense attorneys argue in their court papers that there is no emergency situation or likelihood that the tenants will succeed “on the merits” of the case.
“The court should reject this meritless application, safeguarding the principles of justice and ensuring that all parties involved receive proper due process,” state the defense lawyers in their court filings.
On July 13, Judge Chalfant denied the tenants’ initial request for a preliminary injunction. A week later, Judge Jill Feeney declined to advance the October 31 hearing date.
The tenants filed their lawsuit on June 12 after the owners announced last month that the West Los Angeles apartment complex, which has experienced two fires in the past decade, including one fatality, will be closed to all renters. The occupied units must be vacated to facilitate renovations that will include the installation of fire sprinklers and other safety upgrades.
The lawsuit centers around a state law, the Ellis Act, which allows landlords to evict tenants if they plan to withdraw the units from the rental market. Enacted in 1985, the Ellis Act was intended to provide mom-and-pop landlords the option to exit the rental business and remove their units from the market.
However, the lawsuit argues that the law is being misused to justify tenant evictions, when landlords could implement the necessary safety upgrades without permanently displacing them. The majority of the building’s tenants consist of retirees, working-class individuals, white-collar workers, and students.
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