The Week in Land Law - more CDC eviction moratorium case law, District Court dismisses Tournament of Roses Association’s case, and AB889 dies
This week we have more federal case law relating to the CDC’s eviction moratorium, a dismissal by the District Court of the Tournament of Roses Association’s case against the City of Pasadena, and the death of AB889.
Case Law:
Brown, et al. v. Azar, et al.: Landlords lose another challenge to CDC eviction moratorium.
An 11th Circuit Court found that a landlord’s inability to collect rent from an insolvent tenant during the pandemic does not constitute irreparable injury and upheld the District Court’s decision to deny a preliminary injunction. https://www.courthousenews.com/wp-content/uploads/2021/07/national-apartment-ca11.pdf
Plaintiffs are landlords seeking to evict tenants for nonpayment of rent and a trade association for owners and managers of rental housing. They filed a complaint challenging the CDC’s eviction moratorium, alleging that the CDC’s order exceeds its statutory and regulatory authority, is arbitrary and capricious, and violates their constitutional right to access the courts. Plaintiffs sought a preliminary injunction, which was denied.
On appeal, the 11th Circuit Court concluded that the temporary inability to reclaim rental properties does not constitute an irreparable injury, and explained that the evidence before the court was not sufficient to show the court that tenants would be insolvent and unable to repay unpaid rent at the end of the moratorium.
Read more about the case here:
Pasadena Tournament of Roses Association v. City of Pasadena, Central District Case No. 2:21-cv-01051
A District Court dismissed all counts in a lawsuit brought by the Tournament of Roses against the City of Pasadena, stemming from a dispute over whether the Rose Bowl Game could be played outside of the city during the pandemic and over use of the game's trademark.
The City owns Rose Bowl Stadium, and the Tournament of Roses owns the trademarks associated with the Rose Bowl Game. The City and the Tournament have worked as business partners for over a century.
The Court rejected claims that the City of Pasadena misused or misappropriated the Tournament’s trademarks related to the Rose Bowl Game and that Mayor Victor Gordo engaged in “false advertising” in comments to the media.
Legislation:
#AB889 failed to make it out of committee.
This bill would have required landlords who hold rental property in the name of a corporation or limited liability company to report the identity of the beneficial owners of the property to the California Secretary of State.
