Judge denies eviction injunction sought by tenants of Barrington Plaza
A judge Tuesday denied a request by the Barrington Plaza Tenant Association for a preliminary injunction halting September evictions pending the outcome of the tenants' overall case, saying the balance of harm favors the landlords.
The rent-controlled buildings are owned by Douglas Emmett Inc., which maintains the evictions are necessary to install fire sprinklers in a complex with a history of dangerous fires. In their suit filed June 12, the tenants said the company is unlawfully using the 1985 Ellis Act to evict all residents, and that the legislation actually was created to allow mom-and-pop landlords to leave the rental business and take the units off the rental market.
In a finalized ruling issued Tuesday, Los Angeles Superior Court Judge James Chalfant found that the balance of harm favored the landlords.
"The tenants' harm in having to defend individual (eviction) actions and face eviction are significant," Chalfant wrote. "However, these harms are undermined by their adequate legal remedies ... and the fact that they will have to move out of their units anyway."
The landlord's harm stems in part from the financial impact of any delay in asserting its right to evict and perform its planned renovation, Chalfant wrote.
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Although the tenants make fair points, Douglas Emmett has consistently stated that it cannot proceed with the renovations until every tenant has moved out, Chalfant further wrote.
"Allowing the tenants to stay longer with landlord unable to file (eviction) actions will delay the move-out process and the intended improvements," according to the judge.
A representative for the landlords issued a statement regarding Chalfant's ruling.
"We are grateful to the court for this quick decision," the statement read, adding that the building owners have all along been in compliance with state law. "We are not surprised that Judge Chaifant has denied the preliminary injunction motion requested by the Barrington Plaza Tenants Association, as we are in compliance with the Ellis Act and California State law."
In the statement, the representative noted how "Barrington Plaza has funded more than $7.5 million in tenant relocation payments to facilitate the move-out process. Beyond adhering to local mandates, Barrington Plaza management has also dedicated substantial resources to station relocation specialists on-site, who have been offering personalized assistance to tenants."
The landlords have filed two dismissal motions scheduled to be heard Oct. 30 by Judge Jill Feeney, including an anti-SLAPP motion. The state's anti- SLAPP (Strategic Lawsuit Against Public Participation) law is intended to prevent people from using courts, and potential threats of a lawsuit, to intimidate those who are exercising their First Amendment rights.
