Blanton v. Torrey Pines Property Management, Inc.
3:15-cv-00892
S.D. Cal.Oct 13, 2017Background
- Plaintiffs Monya Blanton and Diane Joa sued Torrey Pines Property Management and related defendants alleging a rental occupancy policy discriminated on the basis of familial status in violation of the Fair Housing Act and California Fair Employment and Housing Act.
- The Second Amended Complaint alleges the policy limited occupancy to “one occupant per bedroom plus one.”
- The court previously dismissed Joa’s first two causes of action for lack of standing because, when the policy was enforced, all her family members were adults.
- Defendants moved for a declaration that Joa’s FHA and CFEHA claims were frivolous, unreasonable, and/or without foundation and stated they would seek attorney’s fees later if the motion succeeded.
- The court treated the motion as seeking an advisory opinion about the nature of Joa’s claims rather than an immediate fee award.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court should declare Joa’s FHA and CFEHA claims frivolous, unreasonable, or without foundation | Joa contends her claims were properly pled (standing previously adjudicated as lacking for certain claims) | Defendants argue Joa’s claims lacked legal merit and request a judicial declaration of frivolousness to support later fee requests | Denied: court refused to issue an advisory opinion or declaration because defendants lacked a personal stake and the court cannot issue advisory opinions |
| Whether the court may decide frivolousness without a fee motion before it | Joa implicitly opposes because no fee motion pending | Defendants seek a preemptive finding to support a future fee application | Denied: court will not pre- adjudicate frivolousness in absence of a concrete fee request and live controversy |
Key Cases Cited
- Camreta v. Greene, 563 U.S. 692 (2011) (federal courts require a live case or controversy and a personal stake to adjudicate disputes)
- Summers v. Earth Island Institute, 555 U.S. 488 (2009) (Article III standing requires a concrete personal stake)
- Coal. for a Healthy California v. F.C.C., 87 F.3d 383 (9th Cir. 1996) (federal courts may not issue advisory opinions)
- FCC v. Pacifica Found., 438 U.S. 726 (1978) (federal courts cannot issue advisory opinions)