People v. Group IX BP Properties CA2/4
B337891
Cal. Ct. App.Mar 20, 2025Background
- The City of Los Angeles, on behalf of the People of California, brought a nuisance action against Group IX BP Properties for alleged gang-related activities at a North Hollywood apartment complex, claiming persistent criminal activities on the property.
- The People sought abatement of the nuisance, a permanent injunction, and civil penalties under the state Public Nuisance Law (PNL) and the Unfair Competition Law (UCL), based mainly on police reports and expert declarations.
- The trial court granted a preliminary injunction enforcing security measures and initially required background checks/evictions, later removing these requirements to align with new law.
- Assembly Bill 1418 (AB 1418), effective Jan. 1, 2024, prohibits local governments from penalizing tenants/landlords solely due to contact with law enforcement, targeting so-called “crime-free housing ordinances.”
- Defendants argued enforcement of the PNL violated AB 1418 because it relied on police reports of criminal activity; the trial court disagreed and maintained the injunction (minus the background check/eviction terms).
- On appeal, defendants insisted the entire case should be dismissed as barred by AB 1418; the trial court's order was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does §53165.1 bar enforcement of the state PNL? | Enforcing the PNL is enforcing state law, not a local policy/ordinance and thus falls outside §53165.1's scope. | The action is prohibited because it uses police reports as evidence, which they say makes it penalize landlords for police contact. | Enforcement of state law (PNL) is not barred by §53165.1; statute targets local ordinances only. |
| Are actions by city attorneys on behalf of the People "local government" enforcement under §53165.1? | Action is by the People of California, not by the city per se. | City attorney’s lawsuit on state’s behalf is still a local government action. | City attorney represents the People; not a local government enforcement for §53165.1 purposes. |
| Does using police reports as evidence make the action prohibited by §53165.1? | Submission of police evidence supports state law claims, but does not penalize solely for police contact. | Any reliance on police reports makes the penalty based on law enforcement contact. | Action is based on property mismanagement, not merely police contact; not barred by §53165.1. |
| Should the preliminary injunction be dissolved due to AB 1418? | Injunction, minus the background check/eviction terms, is valid and does not violate the new law. | Injunction should be voided entirely under AB 1418. | Modified injunction stands; no error by trial court. |
Key Cases Cited
- City and County of San Francisco v. Post, 22 Cal.App.5th 121 (de novo review applied to pure legal issues in injunction appeals)
- Korea Supply Co. v. Lockheed Martin Corp., 29 Cal.4th 1134 (UCL borrows violations from other laws—explaining derivative claims)
- Big Creek Lumber Co. v. County of Santa Cruz, 38 Cal.4th 1139 (distinguishing local ordinances from state laws)
