Supreme Court Preserves Tenant Wrongful Eviction ClaimsRandy Shawbyline‚ Aug. 03‚ 2007In a troubling ruling on tenants’ ability to sue landlords, the California Supreme Court ruled 5-2 on August 2 that landlords filing bad faith lawsuits against tenants are virtually immune from liability. The Court’s long awaited ruling in Action Apartment Association v. City of Santa Monica, S129448 did preserve a tenants’ right to sue over a bad faith eviction notice, a longstanding right that had been revoked by the Court of Appeal. The decision follows a national trend in overthrowing longstanding precedents in order to benefit the rich and powerful. While the tenants’ right to sue for wrongful eviction survived, the decision reflects a hostility to tenants rights---and an encouragement to bad acting landlords---that is the norm among California’s judiciary. |