City of Diamond Bar v. Li CA2/5

FACTS AND PROCEDURAL BACKGROUND

I. Facts

Catherine Li and John Zhong (the homeowners) own a 3,253-square-foot single family home in a residential neighborhood within the City of Diamond Bar (the City). The City has an ordinance that prohibits short-term rentals of fewer than 30 days in any residential neighborhood. (Diamond Bar Mun. Code, §§ 5.08.050(b), 22.080.020.) The City also has an ordinance that prohibits advertising such rentals on the internet. (Id., § 5.08.050(c).) There is no dispute that the homeowners violated these ordinances. In 2022 and early 2023, they advertised their home for overnight rentals on Airbnb and VRBO. After neighbors reported this violation and after the City issued nine written citations and two notices of violation to the homeowners, a city official in May 2023 contacted the homeowners through Airbnb and rented the home for one night.

II. Procedural Background

In July 2023, the City filed a verified complaint against the homeowners alleging claims for (1) public nuisance and (2) public nuisance per se. On October 27, 2023, the City filed a motion for a preliminary injunction seeking to enjoin the homeowners from continuing to…