Woodruff Secures Victories for State of California in COVID‑19 Eviction Moratorium Litigation Across Federal and State Courts

Woodruff attorneys secure dismissals across four related actions challenging pandemic-era eviction protections.

               

Gary C. Weisberg and Michael L. D’Angelo, retained by the State Attorney General’s Office, secured favorable outcomes for the State of California in a series of cases brought by residential landlords of multi-family complexes. The plaintiffs challenged limitations on eviction activity adopted by the State, the County of Los Angeles, and various local governments in response to the COVID-19 pandemic.

The matters spanned four related actions across multiple jurisdictions:

• Two actions in the Los Angeles Superior Court
• One action in the San Bernardino Superior Court
• One action in the U.S. District Court for the Central District of California

Plaintiffs advanced multiple theories, including physical taking, regulatory taking, and alleged violations of the federal and state Contracts Clauses. In federal court, defendants successfully moved to dismiss all claims with prejudice, with the Court finding no constitutional taking or Contracts Clause violation.

In the Los Angeles Superior Court, following extensive briefing, the Court reconsidered and rescinded its prior rulings, ultimately sustaining defendants’ demurrers without leave to amend in both related actions. The Court held that Yee v. City of Escondido (1992) 503 U.S. 519 remains good law and is the controlling precedent most closely analogous to the issues presented.

Following these favorable results, plaintiffs voluntarily dismissed their remaining action in the San Bernardino Superior Court.