People v. Landlords Professional Services, Inc.

The superior court granted a preliminary injunction enjoining several tenant eviction firms from engaging in certain practices alleged to constitute the unauthorized practice of law. Because the court refused to issue a statement of decision and because it was not legally required, we must defer to the substantial evidence rule and affirm.

I

Defendant Landlords Professional Services, Inc. (LPS) describes its business as follows: “[We provide] landlords with low cost aid in the simple tasks of filling out Judicial Counsel [ízc] forms for unlawful detainers, the filing of those forms with the court and service of process to the tenants.” The district attorney concedes, “the mere furnishing of forms does not consitute [sic] the practice of law and were that the extent of [LPS’] service there would be no difficulty.” But, he argues, LPS does more: “[The firm] conducts interviews with its clients, elicits information during the interview, selects and prepares appropriate forms from the information elicited during the interview.” Moreover, according to evidence presented below, the service counsels clients concerning the judicial process of eviction and includes its own…

I concur in all of the majority opinion, except those portions of part II which suggest that the Legislature ought to require the preparation of a statement of decision by a trial judge following a hearing on a preliminary injunction. I do not believe a statement is appropriate, advisable or necessary to appellate review of preliminary injunction rulings. No final decisions are made on any factual or legal issues when the court merely considers whether to maintain the status quo pending trial.

There is an alarming tendency in the law and recent cases to require greater specificity from trial courts in routine rulings. The Legislature and those of us serving on appellate courts must not forget that trial courts exist primarily to hear and expeditiously resolve disputes. They do not have the time or the facilities to prepare opinions, especially in pretrial proceedings. I do not favor adding yet another opinion writing requirement to already overburdened law and motion judges.

Requiring a statement of decision may also delay appellate review of injunction matters when review is urgently pressed by either party. The preparation of a statement requires more than two months in order…

[Opinion certified for partial publication. [*] ]

OPINION

CROSBY, J.

The superior court granted a preliminary injunction enjoining several tenant eviction firms from engaging in certain practices alleged to constitute the unauthorized practice of law. Because the court refused to issue a statement of decision and because it was not legally required, we must defer to the substantial evidence rule and affirm.

Defendant Landlords Professional Services, Inc. (LPS) describes its business as follows: "[We provide] landlords with low cost aid in the simple tasks of filling out Judicial Counsel [ sic ] forms for unlawful detainers, the filing of those forms with the court and service of process to the tenants." The district attorney concedes, "the mere furnishing of forms does not consitute [ sic ] the practice of law and were that the extent of [LPS'] service there would be no difficulty." But, he argues, LPS does more: "[The firm] conducts interviews with its clients, elicits information during the interview, selects and prepares appropriate forms from the information elicited during the interview." Moreover, according to evidence presented below, the service counsels clients…